THE WAQF ACT, 1995 
________ 

ARRANGEMENT OF SECTIONS 
_______ 

CHAPTER I 

PRELIMINARY 

SECTIONS  

1.  Short title, extent and commencement. 
2.  Application of the Act. 
3.  Definitions. 

CHAPTER II 

SURVEY OF AUQAF 

4.  Preliminary survey of auqaf. 
5.  Publication of list of auqaf. 
6.  Disputes regarding auqaf. 
7.  Power of Tribunal to determine disputes regarding auqaf. 
8.  State Government to bear cost of survey. 

CHAPTER III 

CENTRAL WAQF COUNCIL 

9.  Establishment and constitution of Central Waqf Council. 
10.  Finance of Council. 
11.  Accounts and audit. 
12.  Power of Central Government to make rules. 

CHAPTER IV 

ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS 

13.  Incorporation. 
14.  Composition of Board. 
15.  Term of office. 
16.  Disqualification for being appointed, or for continuing as, a member of the Board. 
17.  Meetings of the Board. 
18.  Committees of the Board. 
19.  Resignation of Chairperson and members. 
20.  Removal of Chairperson and member. 
20A. Removal of Chairperson by vote of no confidence. 
21.  Filling of a vacancy. 
22.  Vacancies, etc., not to invalidate proceedings of the Board. 
23.  Appointment of Chief Executive Officer and his term of office and other conditions of service. 
24.  Officers and other employees of the Board. 
25.  Duties and powers of Chief Executive Officer. 
26.  Powers of Chief Executive Officer in respect of orders or resolutions of Board. 
27.  Delegation of powers by the Board. 
28.  Power  of  District  Magistrate,  Additional  District  Magistrate  or  Sub-Divisional  Magistrate  to 

implement the directions of the Board. 

29.  Powers of Chief Executive Officer to inspect records, registers, etc. 

1 

 
 
 
 
SECTIONS 

30.  Inspection of records. 
31.  Prevention of disqualification for membership of Parliament. 
32.  Powers and functions of the Board. 
33.  Powers of inspection by Chief Executive Officer or persons authorised by him. 
34.  Recovery of the amount determined under section 33. 
35.  Conditional attachment by Tribunal. 

CHAPTER V 

REGISTRATION OF AUQAF 

36.  Registration. 
37.  Register of auqaf. 
38.  Powers of Board to appoint Executive Officer. 
39.  Powers of Board in relation to auqaf which have ceased to exist. 
40.  Decision if a property is waqf property. 
41.  Power to cause registration of waqf and to amend register. 
42.  Change in the management of auqaf to be notified. 
43.  Auqaf registered before the commencement of this Act deemed to be registered. 

CHAPTER VI 

MAINTENANCE OF ACCOUNTS OF AUQAF 

44.  Budget. 
45.  Preparation of budget of auqaf under direct management of the Board. 
46.  Submission of Accounts of  auqaf. 
47.  Audit of accounts of  auqaf. 
48.  Board to pass orders on auditor’s report. 
49.  Sums certified to be due recoverable as arrears of land revenue. 
50.  Duties of mutawalli. 
51.  Alienation of waqf property without sanction of Board to be void. 
52.  Recovery of waqf property transferred in contravention of section 51. 
52A. Penalty for alienation of waqf property without sanction of Board. 
53.  Restriction on purchase of property on behalf of waqf. 
54.  Removal of encroachment from waqf property. 
55.  Enforcement of orders made under section 54. 
55A. Disposal of property left on waqf property by unauthorised occupants. 
56.  Restriction on power to grant lease of waqf property. 
57.  Mutawalli entitled to pay certain costs from income of waqf  property. 
58.  Power of Board to pay dues in case of default by mutawalli. 
59.  Creation of reserve fund. 
60.  Extension of time. 
61.  Penalties. 
62.  Mutawalli not to spend any money belonging to waqf for self defence. 
63.  Power to appoint mutawallis in certain cases. 
64.  Removal of mutawalli. 
65.  Assumption of direct management of certain auqaf by the Board. 
66.  Powers of appointment and removal of mutawalli when to be exercised by the State Government. 
67.  Supervision and supersession of committee of management. 
68.  Duty of mutawalli or committee to deliver possession of records, etc. 
69.  Power of Board to frame scheme for administration of waqf. 
70.  Inquiry relating to administration of waqf. 
71.  Manner of holding inquiry. 

2 

 
 
 
 
CHAPTER VII 

FINANCE OF THE BOARD 

SECTIONS 

72.  Annual contribution payable to Board. 
73.  Power of Chief Executive Officer to direct banks or other person to make payments. 
74.  Deduction of contribution from perpetual annuity payable to the waqf. 
75.  Power of board to borrow. 
76.  Mutawalli not to lend or borrow moneys without sanction. 
77.  Waqf Fund. 
78.  Budget of Board. 
79.  Accounts of Board. 
80.  Audit of accounts of Board. 
81.  State Government to pass orders on auditor’s report. 
82.  Dues of Board to be recovered as arrears of land revenue. 

CHAPTER VIII 

JUDICIAL PROCEEDINGS 

83.  Constitution of Tribunals, etc. 
84.  Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision. 
85.  Bar of jurisdiction of civil courts. 
86.  Appointment of a receiver in certain cases. 
87.  [Omitted.]. 
88.  Bar to challenge of validity of any notification, etc. 
89.  Notice of suits by parties against Board. 
90.  Notice of suits, etc., by courts. 
91.  Proceedings under the Act 1 of 1894. 
92.  Board to be party to suit or proceeding. 
93.  Bar to compromise of suits by or against mutawalli. 
94.  Power to make application to the Tribunal in case of failure of mutawalli to discharge his duties. 
95.  Power of appellate authority to entertain appeal after expiry of specified period. 

CHAPTER IX 

MISCELLANEOUS 

96.  Power of Central Government to regulate secular activities of  auqaf. 
97.  Directions by State Government. 
98.  Annual report by State Government. 
99.  Power to supersede Board. 
100. Protection of action taken in good faith. 
101. Survey Commissioner, members and officers of the Board, deemed to be public servants. 
102. Special provision for reorganisation of certain Boards. 
103. Special provision for establishment of Board for part of a State. 
104. Application of Act to properties given or donated by persons not professing Islam for support of 

certain waqf. 

104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property. 
104B. Restoration of waqf properties in occupation of Government agencies to waqf Board. 
105. Power  of  Board  and  Chief  Executive  Officer  to  require  copies  of  documents,  etc.,  to  be 

furnished. 

106. Powers of Central Government to constitute common Boards. 
107. Act 36 of 1963 not to apply for recovery of waqf properties. 
108. Special provision as to evacuee waqf properties. 
108A. Act to have overriding effect. 

3 

 
 
 
SECTIONS 

109. Power to make rules. 
110. Powers to make regulations by the Board. 
111. Laying of rules and regulations before State Legislature. 
112. Repeal and savings. 
113. Power to remove difficulties. 

4 

 
 
 
 
THE WAQF ACT, 1995 

ACT NO. 43 OF 1995 

[22nd November, 1995.] 
An Act to provide for the better administration of  1[Auqaf] and for matters connected therewith 

or incidental thereto. 

BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 
1. Short title, extent and commencement.—(1) This Act may be called the 2[Waqf] Act, 1995. 
(2) It extends to the whole of India 3***. 
(3) It shall come into force in a State on such date4 as the Central Government may, by notification in 
the Official Gazette, appoint; and different dates may be appointed for different areas within a State and 
for different provisions of this Act, and any reference in any provision to the commencement of this Act, 
shall,  in  relation  to  any  State  or  area  therein,  be  construed  as  reference  to  the  commencement  of that 
provision in such State or area. 

2. Application of the Act.—Save as otherwise expressly provided under this Act, this Act shall apply 

to all 1[auqaf] whether created before or after the commencement of this Act: 

Provided that nothing in this Act shall apply to Durgah Khawaja Saheb, Ajmer to which the Durgah 

Khawaja Saheb Act, 1955 (36 of 1955) applies. 

3. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “beneficiary”  means  a  person  or  object  for  whose  benefit  a  2[waqf]  is  created  and  includes 
religious,  pious  and  charitable  objects  and  any  other  objects  of  public  utility  sanctioned  by  the 
Muslim law: 

(b) “benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason 

of his being such mutawalli; 

(c) “Board” means a Board of  2[Waqf] established under sub-section (1), or as the case may be, 
under  sub-section  (2)  of section 13 and  shall  include  a  common  2[Waqf]  Board  established 
under section 106; 

(d) “Chief Executive Officer” means the Chief Executive Officer appointed under sub-section (1) 

of section 23; 

(e) “Council” means the Central 2[Waqf] Council established under section 9; 
5[(ee) “encroacher” means any person or institution, public or private, occupying waqf property, 
in whole or part, without the authority of law and includes a person whose tenancy, lease or licence 
has expired or has been terminated by mutawalli or the Board;] 

(f) “Executive Officer” means the Executive Officer appointed by the Board under sub-section (1) 

of section 38; 

6[(g)  “list  of  auqaf”  means  the  list  of  auqaf  published  under  sub-section  (2)  of  section  5  or 

contained in the register of auqaf maintained under section 37;] 

(h) “member” means a member of the Board and includes the Chairperson; 

1. Subs. by Act 27 of 2013, s. 2, for “wakfs” (w.e.f. 1-11-2013). 
2. Subs. by s. 3, ibid., for “wakf” (w.e.f. 1-11-2013). 
3.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

4. 1st January, 1996, vide notification No. S.O. 1007 (E), dated 27th December, 1995, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

5. Ins. by s. 5, ibid. (w.e.f. 1-11-2013). 
6. Subs. by s. 5, ibid., for clause (g) (w.e.f. 1-11-2013). 

5 

 
                                                           
(i) “mutawalli” means any person appointed, either verbally or under any deed or instrument by 
which a 1[waqf] has been created, or by a competent authority, to be the mutawalli of a  1[waqf] and 
includes  any  person  who  is  a  mutawalli  of  a  1[waqf]  by  virtue  of  any  custom  or  who  is  a                        
naib-mutawalli,  khandim,  mujawar,  sajjadanashin,  amin  or  other  person  appointed  by  a  mutawalli 
to perform  the  duties  of  a  mutawalli  and  save  as  otherwise  provided  in  this  Act,  any  person, 
committee  or  corporation  for  the  time  being,  managing  or  administering  any  1[waqf]  or  1[waqf] 
property: 

Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless 

such member is an office-bearer of such committee or corporation: 

2[Provided  further  that  the  mutawalli  shall  be  a  citizen  of  India  and  shall  fulfil  such  other 

qualifications as may be prescribed: 

Provided  also  that  in  case  a  waqf  has  specified  any  qualifications,  such  qualifications  may  be 

provided in the rules as may be made by the State Government;] 

(j)  “net  annual  income”,  in  relation  to  a  1[waqf],  means  net  annual  income  determined  in 

accordance with the provisions of the Explanations to sub-section (1) of section 72; 

(k) “person interested in a 1[waqf]” means any person who is entitled to receive any pecuniary or 

other benefits from the 1[waqf] and includes— 

(i) any person who has a right to 3[offer prayer] or to perform any religious rite in a mosque, 
idgah, imambara,dargah,  4[khanqah,  peerkhana  and  karbala],  maqbara,  graveyard  or  any  other 
religious  institution  connected  with  the  1[waqf]  or  to  participate  in  any  religious  or  charitable 
institution under the 1[waqf]; 

(ii) the 5[waqif] and any descendant of the 5[waqif] and the mutawalli; 

(l) “prescribed”, except in Chapter III, means prescribed by rules made by the State Governments; 

(m) “regulations” means the regulations made by the Board under this Act; 
(n) “Shia 1[waqf]” means a 1[waqf]  governed by Shia Law; 
(o) “Sunni 1[waqf]” means a 1[waqf] governed by Sunni Law; 
(p)  “Survey  Commissioner”  means  the  Survey  Commissioner  of  1[Waqf]  appointed  under            

sub-section  (1)  of section 4 and  includes  any  Additional  or  Assistant  Survey  Commissioners  of 
6[Auqaf] under sub-section (2) of section 4; 

(q)  “Tribunal”,  in  relation  to  any  area,  means  the  Tribunal  constituted  under sub-section  (1)  of 

section 83, having jurisdiction in relation to that area; 

7[(r)  “waqf”  means  the  permanent  dedication  by  any  person,  of  any  movable  or  immovable 
property  for  any  purpose  recognised  by  the  Muslim  law  as  pious,  religious  or  charitable  and 
includes— 

(i)  a  waqf  by  user  but  such  waqf  shall  not  cease  to  be  a  waqf  by  reason  only  of  the  user 

having ceased irrespective of the period of such cesser; 

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue 

record; 

(iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as 

pious, religious or charitable; and 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Ins. by s. 5, ibid. (w.e.f. 1-11-2013). 
3. Subs. by s. 5, ibid., for “worship” (w.e.f. 1-11-2013). 
4. Subs. by s. 5, ibid., for “khangah” (w.e.f. 1-11-2013). 
5. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013). 
6. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
7. Subs. by s. 5, ibid., for clause (r) (w.e.f. 1-11-2013). 

6 

 
                                                           
(iv)  a  waqf-alal-aulad  to  the  extent  to  which  the  property  is  dedicated  for  any  purpose 
recognised by Muslim law as pious, religious or charitable, provided when the line of succession 
fails, the income of the waqf shall be spent for education, development, welfare and such other 
purposes as recognised by Muslim law, 

and “waqif” means any person making such dedication;] 

 (s)  “1[waqf]  deed”  means  any  deed  or  instrument  by  which  a  1[waqf]  has  been  created  and 
includes any valid subsequent deed or instrument by which any of the terms of the original dedication 
have been varied; 

(t) “1[Waqf] Fund” means a 1[waqf] fund formed under sub-section (1) of section 77. 

CHAPTER II 

SURVEY OF 2[AUQAF] 

4. Preliminary survey of  2[auqaf].—(1) The State Government may, by notification in the Official 
Gazette, appoint for the State a Survey Commissioner of  2[Auqaf] and as many Additional or Assistant 
Survey Commissioners of 2[Auqaf] as may be necessary for the purpose of making a survey of 3[auqaf in 
the State]. 

4[(1A)  Every  State  Government  shall  maintain  a  list  of  auqaf  referred  to  in  sub-section  (1)  and  the 
survey of auqaf shall be completed within a period of one year from the date of commencement of the 
Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement 
of the Wakf (Amendment) Act, 2013:  

Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner 

for auqaf shall be appointed within three months from the date of such commencement.] 

(2)  All  Additional  and  Assistant  Survey  Commissioner  of  2[Auqaf]  shall  perform  their  functions 

under this Act under the general supervision and control of the Survey Commissioner of 2[Auqaf]. 

(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit 
his report, in respect of 2[auqaf] existing at the date of the commencement of this Act in the State or any 
part thereof, to the State Government containing the following particulars, namely:— 

(a) the number of 2[auqaf] in the State showing the Shia 2[auqaf] and Sunni 2[auqaf] separately; 
(b) the nature and objects of each 1[waqf]; 
(c) the gross income of the property comprised in each 1[waqf]; 
(d) the amount of land revenue, cesses, rates and taxes payable in respect of each 1[waqf]; 

(e) the expenses incurred in the realisation of the income and the pay or other remuneration of the 

mutawalli of each 1[waqf]; and 

(f) such other particulars relating to each 1[waqf] as may be prescribed. 

(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in 
a  civil  court  under  the  Code  of  Civil  Procedure,  1908 (5  of  1908)  in  respect  of  the  following  matters, 
namely:— 

(a) summoning and examining any witness; 

(b) requiring the discovery and production of any document; 

(c) requisitioning any public record from any court or office; 

(d) issuing commissions for the examination of any witness or accounts; 

(e) making any local inspection or local investigation; 

(f) such other matters as may be prescribed. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “ wakfs” (w.e.f. 1-11-2013). 
3. Subs. by s. 6, ibid., for “wakfs existing in the State at the date of the commencement of this Act” (w.e.f. 1-11-2013). 
4. Ins. by s. 6, ibid. (w.e.f. 1-11-2013). 

7 

 
                                                           
(5)  If,  during  any  such  inquiry,  any  dispute  arises  as  to  whether  a  particular  1[waqf]  is  a  Shia 
1[waqf] or Sunni 1[waqf] and there are clear indications in the deed of  1[waqf] as to its nature, the dispute 
shall be decided on the basis of such deed. 

(6)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  direct  the  Survey 
Commissioner  to  make  a  second  or  subsequent  survey  of 1[waqf] properties  in  the  State  and  the 
provisions  of  sub-sections  (2),  (3),  (4)  and  (5)  shall  apply  to  such  survey  as  they  apply  to  a  survey 
directed under sub-section (1): 

Provided  that  no  such  second  or  subsequent  survey  shall  be  made  until  the  expiry  of  a  period  of            

2[ten  years]  from  the  date  on  which  the  report  in  relation  to  the  immediately  previous  survey  was 
submitted under sub-section (3): 

3[Provided further that the waqf properties already notified shall not be reviewed again in subsequent 
survey except where the status of such property has been changed in accordance with the provisions of 
any law.] 

5. Publication of list of  4[auqaf].—(1) On receipt of a report under sub-section (3) of section 4, the 

State Government shall forward a copy of the same to the Board. 

(2) The Board shall examine the report forwarded to it under sub-section (1) and 5[fordward it back to 
the  Government  within  a  period  of  six  months  for  publication  in  the  Official  Gazette]  a  list  of Sunni 
4[auqaf] or Shia  4[auqaf] in the State, whether in existence at the commencement of this Act or coming 
into  existence  thereafter,  to  which  the  report  relates,  and  containing  such  other  particulars  as  may  be 
prescribed. 

6[(3) The revenue authorities shall—  

(i) include the list of auqaf referred to in sub-section (2), while updating the land records; and  

(ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation 

in the land records.  

(4) The State Government shall maintain a record of the lists published under sub-section (2) from 

time to time.] 

6. Disputes regarding 4[auqaf].—(1) If any question arises whether a particular property specified as 
1[waqf] property in the list of 4[auqaf] is 1[waqf] property or not or whether a 1[waqf] specified in such list 
is a Shia  1[waqf] or Sunni 1[waqf], the Board or the mutawalli of the  1[waqf] or  7[any person aggrieved] 
may  institute  a  suit  in  a  Tribunal  for  the  decision  of  the  question  and  the  decision  of  the  Tribunal  in 
respect of such matter shall be final: 

Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the 

date of the publication of the list of 4[auqaf]: 

8[Provided  further  that  no  suit  shall  be  instituted  before  the  Tribunal  in  respect  of  such  properties 
notified  in  a  second  or  subsequent  survey  pursuant  to  the  provisions  contained  in  sub-section  (6)  of 
section 4.] 
9* 

* 

* 

* 

* 

(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of 
any  1[waqf]  shall  be  stayed  by  reason  only  of  the  pendency  of  any  such  suit  or  of  any  appeal  or  other 
proceeding arising out of such suit. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 6, ibid., for “twenty years” (w.e.f. 1-11-2013). 
3. Ins. by s. 6, ibid. (w.e.f. 1-11-2013). 
4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
5. Subs. by s. 7, ibid., for “publish in the Official Gazette” (w.e.f. 1-11-2013). 
6. Ins. by s. 7, ibid. (w.e.f. 1-11-2013). 
7. Subs. by s. 8, ibid., for “any person interested therein” (w.e.f. 1-11-2013). 
8. Ins. by s. 8, ibid. (w.e.f. 1-11-2013). 
9. The Explanation omitted by s. 8, ibid.(w.e.f. 1-11-2013). 

8 

 
 
 
 
 
 
 
 
 
                                                           
(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, 
prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith 
done or intended to be done in pursuance of this Act or any rules made thereunder. 

(4) The list of 1[auqaf] shall, unless it is modified in pursuance of a decision of the Tribunal under  

sub-section (1), be final and conclusive. 

(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be 

instituted or commenced in a court in that State in relation to any question referred to in sub-section (1). 

7. Power of Tribunal to determine disputes regarding  1[auqaf].—(1) If, after the commencement 
of this Act, 2[any question or dispute] arises, whether a particular property specified as 3[waqf] property in 
a list of 1[auqaf] is 3[waqf] property or not, or whether a 3[waqf] specified in such list is a Shia 3[waqf] or 
a Sunni 3[waqf], the Board or the mutawalli of the  3[waqf], 4[or any person aggrieved by the publication 
of the list of auqaf under section 5] therein, may apply to the Tribunal having jurisdiction in relation to 
such property, for the decision of the question and the decision of the Tribunal thereon shall be final: 

Provided that— 

(a)  in  the  case  of  the  list  of  1[auqaf]  relating  to  any  part  of  the  State  and  published  after  the 
commencement of this Act no such application shall be entertained after the expiry of one year from 
the date of publication of the list of 1[auqaf]; and 

(b) in the case of the list of  1[auqaf] relating to any part of the State and published at any time 
within  a  period  of  one  year  immediately  preceding  the  commencement  of  this  Act,  such  an 
application may be entertained by Tribunal within the period of one year from such commencement: 

Provided further that where any such question has been heard and finally decided by a civil court in a 

suit instituted before such commencement, the Tribunal shall not re-open such question. 

(2) Except where the Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no 
proceeding  under  this  section  in  respect  of  any  3[waqf]  shall  be  stayed  by  any  court,  tribunal  or  other 
authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out 
of any such suit, application, appeal or other proceeding. 

(3) The Chief Executive Officer shall not be made a party to any application under sub-section (1). 
(4) The list of 1[auqaf] and where any such list is modified in pursuance of a decision of the Tribunal 

under sub-section (1), the list as so modified, shall be final. 

(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any 
suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the 
commencement  of  the  Act  or  which  is  the  subject-matter  of  any  appeal  from  the  decree  passed  before 
such commencement in any such suit or proceeding or of any application for revision or review arising 
out of such suit, proceeding or appeal, as the case may be. 

5[(6)  The  Tribunal  shall  have  the  powers  of  assessment  of  damages  by  unauthorised  occupation  of 
waqf  property  and  to  penalise  such  unauthorised  occupants  for  their  illegal  occupation  of  the  waqf 
property and to recover the damages as arrears of land revenue through the Collector: 

Provided  that  whosoever,  being  a  public  servant,  fails  in  his  lawful  duty  to  prevent  or  remove  an 
encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees 
for each such offence.] 

6[8. State Government to bear cost of survey.—The total cost of making a survey including the cost 

of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.] 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Subs. by s. 9, ibid., for “any question” (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
4. Subs. by s. 9, ibid., for “or any person interested” (w.e.f. 1-11-2013). 
5. Ins. by s. 9, ibid. (w.e.f. 1-11-2013). 
6. Subs. by s. 10, ibid., for section 8 (w.e.f. 1-11-2013). 

9 

 
 
                                                           
CHAPTER III 

CENTRAL 1[WAQF] COUNCIL 

9.  Establishment  and  constitution  of  Central  1[Waqf]  Council.—2[(1)  The  Central  Government 
may, by notification in the Official Gazette, establish a Council to be called the Central Waqf Council, for 
the  purpose  of  advising  the  Central  Government,  the  State  Governments  and  the  Boards  on  matters 
concerning the working of Boards and the due administration of auqaf. 

(1A) The Council referred to in sub-section (1) shall issue directives to the Boards, on such issues and 

in such manner, as provided under sub-sections (4) and (5).] 

(2) The Council shall consist of— 

(a) the Union Minister in-charge of  1[waqf]—ex officio Chairperson; 

(b) the following members to be appointed by the Central Government from amongst Muslims, 

namely:— 

(i)  three  persons  to  represent  Muslim  organisations  having  all  India  character  and  national 

importance; 

3[(ii)  four  persons  of  national  eminence,  one  each  from  the  fields  of  administration  or 

management, financial management, engineering or architecture and medicine;] 

(iii) three Members of Parliament of  whom two shall be from the House of the People and 

one from the Council of States; 

(iv) Chairpersons of three Boards by rotation; 

(v) two persons who have been Judges of the Supreme Court or a High Court; 

(vi) one Advocate of national eminence; 
(vii) one person to represent the mutawallis of the  1[waqf] having a gross annual income of 

rupees five lakhs and above; 

(viii) three persons who are eminent scholars in Muslim Law: 
4[Provided that at least two of the members appointed under sub-clauses (i) to (viii) shall be 

women.] 

(3) The term of office of, the procedure to be followed in the discharge of their functions  by, and the 
manner of filling casual vacancies among, members of the Council shall be such as may be, prescribed by 
rules made by the Central Government. 

4[(4)  The  State  Government  or,  as  the  case  may  be,  the  Board,  shall  furnish  information  to  the 
Council  on  the  performance  of  Waqf  Boards  in  the  State,  particularly  on  their  financial  performance, 
survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and 
audit  reports  in  the  manner  and  time  as  may  be  specified  by  the  Council  and  it  may  suo  motu  call  for 
information  on  specific  issues  from  the  Board,  if  it  is  satisfied  that  there  was  prima  facie  evidence  of 
irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or 
violation of the Act is established, it may issue such directive, as considered appropriate, which shall be 
complied with by the concerned Board under intimation to the concerned State Government. 

(5) Any dispute arising out of a directive issued by the Council under sub-section (4) shall be referred 
to a Board of Adjudication to be constituted by the Central Government, to be presided over by a retired 
Judge  of  the  Supreme  Court  or  a  retired  Chief  Justice  of  a  High  Court  and  the  fees  and  travelling  and 
other allowances payable to the Presiding Officer shall be such as may be specified by that Government.] 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-11-2013). 
3. Subs. by s. 11, ibid., for sub-clause (ii) (w.e.f. 1-11-2013). 
4. Ins. by s. 11, ibid. (w.e.f. 1-11-2013). 

10 

 
                                                           
10. Finance of Council.—(1) Every Board shall pay from its  1[Waqf] Fund annually to the Council 
such  contribution  as  is  equivalent  to  one  per  cent.  of the  aggregate  of  the  net  annual  income  of  the 
2[auqaf] in respect of which contribution is payable under sub-section (1) of section 72: 

Provided  that  where  the  Board,  in  the  case  of  any  particular  1[waqf]  has  remitted  under                  

sub-section  (2)  of  section  72 the  whole  of  the  contribution  payable  to  it  under sub-section (1) of  that 
section,  then  for  calculating  the  contribution  payable  to  the  Council  under  this  section  the  net  annual 
income  of  the  1[waqf]  in  respect  of  which  such  remission  has  been  granted  shall  not  be  taken  into 
account. 

(2) All monies received by the Council under sub-section (1) and all other monies received by it as 

donations, benefactions and grants shall form a fund to be called the Central 1[Waqf] Fund. 

(3)  Subject  to  any  rules  that  may  be  made  by  the  Central  Government  in  this  behalf,  the  Central 
1[Waqf]  Fund  shall  be  under  the  control  of  the  Council  and  may  be  applied  for  such  purposes  as  the 
Council may deem fit. 

11. Accounts and audit.—(1) The Council shall cause to be maintained such books of account and 
other  books  in relation to its  accounts in  such  form  and  in  such  manner as  may  be  prescribed  by  rules 
made by the Central Government. 

(2) The accounts of the Council shall be audited and examined annually by such auditor as may be 

appointed by the Central Government. 

(3) The costs of the audit shall be paid from the Central 1[Waqf] Fund. 

12.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may, 

by notification in the Official Gazette, make rules to carry out the purposes of this Chapter. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the term of office of, the procedure to be followed in the discharge of their functions by, and 

the manner of filling casual vacancies among, the members of the Council; 

(b) control over and application of the Central 1[Waqf] Fund; 

(c) the form and manner in which accounts of the Council may be maintained. 

(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session for a total period of third days, 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of 
the session immediately following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under the rule. 

CHAPTER IV 

ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS 

13. Incorporation.—(1) With effect from such date as the State Government may, by notification in 
the  Official  Gazette,  appoint  in  this  behalf,  there  shall  be  established  a  Board  of  2[Auqaf]  under  such 
name as may be specified in the notification: 

3[Provided  that  in  case  where  a  Board  of  Waqf  has  not  been  established,  as  required  under  this      

sub-section, a Board of Waqf shall, without prejudice to the provisions of this Act or any other law for the 
time  being  in  force,  be  established  within  six  months  from  the  date  of  commencement  of  the  Wakf 
(Amendment) Act, 2013 (27 of 2013).] 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. Ins. by s. 12, ibid. (w.e.f. 1-11-2013). 

11 

 
 
                                                           
(2) Notwithstanding anything contained in sub-section (1), if the Shia 1[auqaf] in any State constitute 
in number more than fifteen per cent. of all the  1[auqaf] in the State or if the income of the properties of 
the Shia 1[auqaf] in the State constitutes more than fifteen per cent. of the total income of properties of all 
the  1[auqaf]  in  the  State, the  State  Government  may,  by  notification  in the  Official  Gazette, establish  a 
Board of 1[Auqaf] each for Sunni 1[auqaf] and for Shia 1[auqaf] under such names as may be specified in 
the notification. 

2[(2A) Where a Board of Waqf is established under sub-section (2) of section 13, in the case of Shia 
waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall 
belong to the Sunni Muslim.] 

(3) The Board shall be a body corporate having perpetual succession and a common seal with power 
to acquire and hold property and to transfer any such property subject to such conditions and restrictions 
as may be prescribed and shall by the said name sue and be sued. 

14. Composition of Board.—(1) The Board for a State and 3[the National Capital Territory of Delhi] 

shall consist of— 

(a) a Chairperson; 

(b)  one  and  not  more  than  two  members,  as  the  State  Government  may  think  fit,  to  be  elected 

from each of the electoral colleges consisting of— 

(i)  Muslim  Members  of  Parliament  from  the  State  or,  as  the  case  may  be,  3[the  National 

Capital Territory of Delhi]; 

(ii) Muslim Members of the State Legislature; 
4[(iii) Muslim members of the Bar Council of the concerned State or Union territory: 

Provided  that  in  case  there  is  no  Muslim  member  of  the  Bar  Council  of  a  State  or  a               

Union territory, the State Government or the Union territory administration, as the case may be, 
may nominate any senior Muslim advocate from that State or the Union territory, and] 

(iv) mutawallis of the 1[auqaf] having an annual income of rupees one lakh and above. 
5[Explanation  I.—For  the  removal  of  doubts,  it  is  hereby  declared  that  the  members  from 
categories  mentioned  in  sub-clauses  (i)  to  (iv),  shall  be  elected  from  the  electoral  college 
constituted for each category. 

Explanation  II.—For  the  removal  of  doubts  it  is  hereby  declared  that  in  case  a  Muslim 
member  ceases  to  be  a  Member  of  Parliament  from  the  State  or  National  Capital  Territory  of 
Delhi  as  referred  to  in  sub-clause  (i)  of  clause  (b)  or  ceases  to  be  a  Member  of  the  State 
Legislative  Assembly  as  required  under  sub-clause  (ii)  of  clause  (b),  such  member  shall  be 
deemed to have vacated the office of the member of the Board for the State or National  Capital 
Territory  of  Delhi,  as the case  may  be,  from  the  date  from  which  such  member  ceased  to  be  a 
Member  of  Parliament  from  the  State  National  Capital  Territory  of  Delhi,  or  a  Member  of  the 
State Legislative Assembly, as the case may be;] 
6[(c)  one  person  from  amongst  Muslims,  who  has  professional  experience  in  town  planning  or 
business management, social work, finance or revenue, agriculture and development activities, to be 
nominated by the State Government; 

(d)  one  person  each  from  amongst  Muslims,  to  be  nominated  by  the  State  Government  from 

recognised scholars in Shia and Sunni Islamic Theology; 

(e) one person from amongst Muslims, to be nominated by the State Government from amongst 

the officers of the State Government not below the rank of Joint Secretary to the State Government;] 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Ins. by s. 12, ibid. (w.e.f. 1-11-2013). 
3. Subs. by s. 13, ibid., for “the Union territory of Delhi” (w.e.f. 1-11-2013). 
4. Subs. by s. 13, ibid., for sub-clause (iii) (w.e.f. 1-11-2013). 
5. Ins. by s. 13, ibid. (w.e.f. 1-11-2013). 
6. Subs. by s. 13, ibid., for clauses (c), (d) and (e) (w.e.f. 1-11-2013). 

12 

 
                                                           
1[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall 

be elected or nominated as a member of the Board: 

Provided that in  case  of  a Union territory,  the  Board shall  consist  of  not  less  than  five  and  not 
more  than  seven  members  to  be  appointed  by  the  Central  Government  from  categories  specified 
under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1): 

Provided further that at least two Members appointed on the Board shall be women: 

Provided  also  that  in  every  case  where  the  system  of  mutawalli  exists,  there  shall  be  one 

mutawalli as the member of the Board.] 

(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with 
the system of proportional representation by means of a single transferable vote, in such manner as may 
be prescribed: 

Provided that where the number of Muslim Members of Parliament, the State Legislature or the State 
Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected 
on the Board: 

Provided  further  that  where  there  are  no  Muslim  Members  in  any  of  the  categories  mentioned  in   

sub-clauses (i) to (iii) of  clause (b) of sub-section (1) the ex-Muslim Members of Parliament, the State 
Legislature  or  ex-member  of  the  State  Bar  Council,  as  the  case  may  be,  shall  constitute  the  electoral 
college. 

(3) Notwithstanding anything contained in this section, where the State Government is satisfied, for 
reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for 
any  of  the  categories  mentioned  in  sub-clauses  (i)  to  (iii)  of  clause  (b)  of  sub-section  (1),  the  State 
Government may nominate such persons as the members of the Board as it deems fit. 

(4)  The  number  of  elected  members  of  the  Board  shall,  at  all  times,  be  more  than  the  nominated 

members of the Board except as provided under sub-section (3). 

2* 

* 

* 

* 

* 

(6)  In  determining  the  number  of  Shia  members  or  Sunni  members  of  the  Board,  the  State 
Government  shall  have  regard  to  the  number  and  value  of  Shia  3[auqaf]  and  Sunni  3[auqaf]  to  be 
administered  by  the  Board  and  appointment  of  the  members  shall  be  made,  so  far  as  may  be,  in 
accordance with such determination. 

2* 

* 

* 

* 

* 

(8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meeting 

convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board. 

(9)  The  members  of  the  Board  shall  be  appointed  by  the  State  Government  by  notification  in  the 

Official Gazette. 

15. Term of office.—The members of the Board shall hold office for a term of five years 4[from the 

date of notification referred to in sub-section (9) of section 14]. 

16.  Disqualification  for  being  appointed,  or  for  continuing  as,  a  member  of  the  Board.—A 

person shall be disqualified for being appointed, or for continuing as, a member of the Board if— 

(a) he is not a Muslim and is less than twenty-one years of age; 

(b) he is found to be a person of unsound mind; 

(c) he is an undischarged insolvent; 

(d)  he  has been convicted of  an  offence involving  moral  turpitude  and such conviction  has not 

been reversed or he has not been granted full pardon in respect of such offence; 

1. Ins. by Act 27 of 2013, s. 13 (w.e.f. 1-11-2913). 
2. Sub-sections (5) and (7) omitted by s. 13, ibid. (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
4. Ins. by s. 14, ibid. (w.e.f. 1-11-2013). 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1[(da) he has been held guilty of encroachment on any waqf property;] 

(e) he has been on a previous occasion— 

(i) removed from his office as a member or as a mutawalli, or 

(ii) removed by an order of a competent court or tribunal from any position of trust either for 

mismanagement or for corruption.] 

17. Meetings of the Board.—(1) The Board shall meet for the transaction of business at such time 

and places as may be provided by regulations. 

(2)  The  Chairperson,  or  in  his  absence,  any  member  chosen  by  the  members  from  amongst 

themselves shall preside at a meeting of the Board. 

(3) Subject to the provisions of this Act, all questions which come before any meeting of the Board 
shall be decided by a majority of votes of the members present, and in the case of equality of votes, the 
Chairperson or, in his absence, any other person presiding shall have a second or casting vote. 

18.  Committees  of  the  Board.—(1)  The  Board  may,  whenever  it  considers  necessary,  establish 
either  generally  or  for  a  particular  purpose  or  for  any  specified  area  or  areas  committees  for  the 
supervision of 2[auqaf]. 

(2)  The  Constitution,  functions  and  duties  and  the  term  of  office  of  such  committees  shall  be 

determined from time to time by the Board: 

Provided  that  it  shall  not  be  necessary  for  the  members  of  such  committees  to  be  members  of  the 

Board. 

19. Resignation of Chairperson and members.—The Chairperson or any other member may resign 

his office by writing under his hand addressed to the State Government: 

Provided  that  the  Chairperson  or  the  member  shall  continue  in  office  until  the  appointment  of  his 

successor is notified in the Official Gazette. 

20. Removal of Chairperson and member.—(1) The State Government may, by notification in the 

Official Gazette, remove the Chairperson of the Board or any member thereof if he— 

(a) is or becomes subject to any disqualifications specified in section 16; or 

(b) refuses to act or is incapable of acting or acts in a manner which the State Government, after 

hearing  any  explanation  that  he  may  offer,  considers  to  be  prejudicial  to  the  interests  of  the               
2[auqaf]; or 

(c) fails in the opinion of the Board, to attend three consecutive meetings of the Board, without 

sufficient excuse. 

(2) Where the Chairperson of the Board is removed under sub-section (1), he shall also cease to be a 

member of the Board. 

3[20A. Removal of Chairperson by vote of no confidence.—Without prejudice to the provisions of 
section  20,  the  Chairperson  of  a  Board  may  be  removed  by  vote  of  no  confidence  in  the  following 
manner, namely:— 

(a)  no  resolution  expressing  a  vote  of  confidence  or  no  confidence  in  any  person  elected  as 
Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not 
elapsed  after  the  date  of  his  election  as  a  Chairperson  and  be  removed  except  with  the  prior 
permission of the State Government; 

(b)  notice  for  no  confidence  shall  be  addressed  to  the  State  Government  stating  clearly  the 
grounds on which such motion is proposed to be moved and shall be signed by at least half the total 
members of the Board; 

1. Ins. by Act 27 of 2013, s. 15 (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. Ins. by s. 16, ibid. (w.e.f. 1-11-2013). 

14 

 
                                                           
(c)  at  least  three  members  of  the  Board  signing  the  notice  of  no  confidence  shall  personally 
present to the State Government, the notice together with an affidavit signed by them to the effect that 
the  signatures  on  no  confidence  motion  are  genuine  and  have  been  made  by  the  signatories  after 
hearing or reading the contents of the notice; 

(d) on receipt of the notice of no confidence, as provided hereinabove, the State Government shall 
fix such time, date and place as may be considered suitable for holding a meeting for the purpose of 
the proposed no confidence motion: 

Provided that at least fifteen days notice shall be given for such a meeting; 

(e)  notice  for  meeting  under  clause  (d)  shall  also  provide  that  in  the  event  of  no  confidence 
motion being duly carried on or, election of the new Chairperson, as the case may be, shall also be 
held in the same meeting; 

(f)  the  State  Government  shall  also  nominate  a  Gazetted  Officer  (other  than  an  officer  of  the 
department  which  is  concerned  with  the  supervision  and  administration  of  the  Board)  to  act  as 
presiding officer of the meeting in which the resolution for no confidence shall be considered;  

(g) the quorum for such a meeting of the Board shall be one-half of the total number of members 

of the Board;  

(h)  the  resolution  for  no  confidence  shall  be  deemed  to  be  carried  out,  if  passed  by  a  simple 

majority of the members present; 

 (i)  if  a  resolution  for  no  confidence  is  carried  out,  the  Chairperson  shall  cease  to  hold  office 
forthwith and shall be succeeded by his successor who shall be elected by another resolution in the 
same meeting; 

 (j) election of the new Chairperson shall be conducted under clause (i), in the meeting under the 
chairmanship  of  the  said  presiding  officer  referred  to  in  clause  (f),  in  the  following  manner, 
namely:—  

(A) Chairperson shall be elected from amongst the elected members of the Board;  

(B)  nomination  of  candidates  shall  be  proposed  and  seconded  in  the  meeting  itself  and 

election after withdrawal, if any, shall be held by method of secret ballot;  

(C) election shall be held by simple majority of the members present in the meeting and in 

case of equality of votes, the matter shall be decided by drawing of lots; and  

(D) proceedings of the meeting shall be signed by the presiding officer;  

(k) new Chairperson elected under clause (h) shall hold the office only up to the remainder of the 

term of the Chairperson removed by the resolution of no confidence; and 

 (l) if the motion for passing the resolution of no confidence fails for want of quorum or lack of 
requisite majority at the meeting, no subsequent meeting for considering the motion of no confidence 
shall be held within six months of the date of the previous meeting.] 

21. Filling of a vacancy.—When the seat of a member becomes vacant by his removal, resignation, 
death or otherwise, a new member shall be appointed in his place and such member shall hold office so 
long as the member whose place he fills would have been entitled to hold office, if such vacancy had not 
occurred. 

22.  Vacancies,  etc.,  not  to  invalidate  proceedings  of  the  Board.—No  act  or  proceeding  of  the 
Board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect 
in the constitution thereof. 

23.  Appointment  of  Chief  Executive  Officer  and  his  term  of  office  and  other  conditions  of 
service.—1[(1)There shall be a full-time Chief Executive Officer of the Board who shall be a Muslim and 
shall be appointed by the State Government, by notification in the Official Gazette, from a panel of two 
names  suggested  by  the  Board  and  who  shall  not  be  below  the  rank  of  Deputy  Secretary  to  the  State 

1. Subs. by Act 27 of 2013, s. 17, for sub-section (1) (w.e.f. 1-11-2013). 

15 

 
                                                           
Government,  and  in  case  of  non-availability  of  a  Muslim  officer  of  that  rank,  a  Muslim  officer  of 
equivalent rank may be appointed on deputation.] 

(2) The term of office and other conditions of service of the Chief Executive Officer shall be such as 

may be prescribed. 

(3)  The  Chief  Executive  Officer  shall  be ex  officio Secretary  of  the  Board  and  shall  be  under  the 

administrative control of the Board. 

24. Officers and other employees of the Board.—(1) The Board shall have the assistance of such 
number of officers and other employees as may be necessary for the efficient performance of its functions 
under  this  Act,  details  thereof  shall  be  determined  by  the  Board  in  consultation  with  the  State 
Government. 

(2) The appointment of officers and other employees, their term of office and conditions of service 

shall be such as may be provided by regulations. 

25. Duties and powers of Chief Executive Officer.—(1) Subject to the provisions of this Act and of 
the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall 
include— 

(a)  investigating  the  nature  and  extent  of  1[auqaf]  and  2[waqf]  properties  and  calling  whenever 
necessary, an inventory of 2[waqf] properties and calling, from time to time, for accounts, returns and 
information from mutawallis; 

(b)  inspecting  or  causing  inspection  of  2[waqf]  properties  and  accounts,  records,  deeds  or 

documents relating thereto; 

(c)  doing  generally  of  such  acts  as  may  be  necessary  for  the  control,  maintenance  and 

superintendence of  1[auqaf]. 
(2) In exercising the powers of giving directions under sub-section (1) in respect of any  2[waqf], the 
Board shall act in conformity with the directions by the 2[waqf] in the deed of the 2[waqf], the purpose of 
2[waqf]  and  such  usage  and  customs  of  the  2[waqf]  as  are  sanctioned  by  the  school  of  Muslim  law  to 
which the 2[waqf] belongs. 

(3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise such 

powers and perform such duties as may be assigned to him or delegated to him under this Act. 

26. Powers of Chief Executive officer in respect of orders or resolutions of Board.—Where the 

Chief Executive Officer considers that an order or resolution passed by the Board— 

(a) has not been passed in accordance with the law; or 

(b) is in excess of or is an abuse of the powers conferred on the Board by or under this Act or by 

any other law; or 

(c) if implemented, is likely to— 

(i)  cause  financial  loss  to  the  Board  or  to  the  concerned  2[waqf]  or  to  the  1[auqaf]                   

generally; or 

(ii) lead to a riot or breach of  peace; or 

(iii) cause danger to human life, health or safety; or 

(d) is not beneficial to the Board or to any 2[waqf] or to 1[auqaf] generally, 

he  may,  before  implementing  such  order  or  resolution,  place  the  matter  before  the  Board  for  its 
reconsideration  and,  if such  order  or resolution is  not  confirmed  by  a  majority  of  vote  of the  members 
present  and  voting  after  such  reconsideration,  refer  the  matter  to  the  State  Government  along  with  his 
objections to the order or resolution, and the decision of the State Government thereon shall be final. 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 

16 

 
                                                           
1[27. Delegation of powers by the Board.—The Board may, by a general or special order in writing, 
delegate to the Chairperson, any other member, the Chief Executive Officer or any other officer or servant 
of the Board or any area committee, subject to such conditions and limitations as may be specified in the 
said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and 
functions of the Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and 
section 110.] 

2[28. Power of District Magistrate, Additional District Magistrate or Sub-Divisional Magistrate 
to  implement  the  directions  of  the  Board.—Subject  to  the  provisions  of  this  Act  and  the  rules  made 
thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional 
Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board 
which  may  be  conveyed  through  the  Chief  Executive  Officer  and  the  Board  may,  wherever  considers 
necessary, seek directions from the Tribunal for the implementation of its decisions.] 

29.  Powers  of  Chief  Executive  Officer  to  inspect  records,  registers,  etc.—3[(1)]  The Chief 
Executive Officer or any officer of the Board duly authorised by him in this behalf shall, 4[subject to such 
conditions as may be prescribed], be entitled at all reasonable time to inspect, in any public office, any 
records, registers or other documents relating to a 5[waqf], or movable or immovable properties which are 
5[waqf] properties or are claimed to be 5[waqf] properties. 

 6[(2)  The  mutawalli  or  any  other  person  having  the  custody  of  any  document  related  to  waqf 
properties  shall  produce  the  same,  within  the  prescribed  period,  before  the  Chief  Executive  Officer  on 
being called upon to do so in writing.  

(3)  Subject  to  such  conditions  as  may  be  prescribed,  an  agency  of  the  Government  or  any  other 
organisation shall supply, within ten working days, copies of the records, registers of properties or other 
documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on 
a written request to this effect from him:  

Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief 

Executive Officer shall obtain approval of the Board.] 

30. Inspection of records.—(1) The Board may allow inspection of its proceedings or other records 
in its custody and issue copies of the same on payment of such fees and subject to such conditions as may 
be prescribed. 

 (2) All copies issued under this section shall be certified by the Chief Executive Officer of the Board 

in the manner provided in section 76 of the Indian Evidence Act, 1872  (1 of 1872). 

(3) The powers conferred on the Chief Executive Officer by sub-section (2) may be exercised by such 
other officer or officers of the Board as may either generally or specially be authorised in this behalf by 
the Board. 

31. Prevention of disqualification for membership of Parliament.—It is hereby declared that the 
offices of the Chairperson or member of a Board shall not be disqualified and shall be deemed never to 
have been disqualified for being chosen as, or for being, a Member of Parliament 7[or a Member of Union 
territory  Legislature  or  a  Member  of  a  State  Legislature  if  so  declared  under  a  law  made  by  the 
appropriate State Legislature]. 

32. Powers and functions of the Board.—(1) Subject to any rules that may be made under this Act, 
the general superintendence of all 8[auqaf] in a State shall vest in the Board established or the State; and it 
shall be the duty of the Board so to exercise its powers under this Act as to ensure that the  8[auqaf] under 
its superintendence are properly maintained, controlled and administered and the income thereof is duly 
applied to the objects and for the purposes for which such 8[auqaf] were created or intended: 

1. Subs. by Act 27 of 2013, s. 18, for section 27 (w.e.f. 1-11-2013). 
2. Subs. by s. 19, ibid., for section 28 (w.e.f. 1-11-2013). 
3. S. 29 numbered as sub-section (1) thereof by s. 20, ibid. (w.e.f. 1-11-2013). 
4. Subs. by s. 20, ibid., for certain words (w.e.f.1-11-2013). 
5. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
6. Ins. by s. 20, ibid. (w.e.f. 1-11-2013). 
7. Ins. by s. 21, ibid. (w.e.f. 1-11-2013). 
8. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 

17 

 
                                                           
Provided that in exercising its powers under this Act in respect of any  1[waqf], the Board shall act in 
conformity with the directions of the 2[waqif], the purposes of the 1[waqf] and any usage or custom of the 
1[waqf] sanctioned by the school of Muslim law to which the 1[waqf] belongs. 

Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  in  this  sub-section,  “1[waqf]” 
includes a 1[waqf] in relation to which any scheme has been made by any court of law, whether before or 
after the commencement of this Act. 

(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be— 

(a)  to  maintain  a  record  containing  information  relating  to  the  origin,  income,  object  and 

beneficiaries of every 1[waqf]; 

(b) to ensure that the income and other property of 3[auqaf] are applied to the objects and for the 

purposes for which such 3[auqaf] were intended or created; 
(c) to give directions for the administration of 3[auqaf]; 
(d) to settle schemes of management for a 1[waqf]: 

Provided that no such settlement shall be made without giving the parties affected an opportunity 

of being heard; 

(e) to direct— 

(i) the utilisation of the surplus income of a 1[waqf] consistent with the objects of 1[waqf]; 
(ii) in what manner the income of  a  1[waqf], the objects of which are not evident from any 

written instrument, shall be utilised; 

(iii) in any case where any object of  1[waqf] has ceased to exist or has become incapable of 
achievement, that so much of the income of the  1[waqf] as was previously applied to that object 
shall  be  applied  to  any  other  object,  which  shall  be  similar,  or  nearly  similar  or  to  the  original 
object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in 
the Muslim community: 

Provided that no direction shall be given under this clause without giving the parties affected, an 

opportunity of being heard. 

Explanation.—For the purposes of this clause, the powers of the Board shall be exercised— 

(i) in the case of a Sunni 1[waqf], by the Sunni members of the Board only; and 
(ii) in the case of a Shia 1[waqf], by the Shia members of the Board only: 

Provided that where having regard to the number of the Sunni or Shia members in the board and 
other circumstances, it appears to the Board that the power should not be exercised by such members 
only, it may co-opt such other Muslims being Sunnis or Shias, as the case may be, as it thinks fit, to 
be temporary members of the Board for exercising its powers under this clause; 

(f) to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of 

account of 3[auqaf]; 

(g) to appoint and remove mutawallis in accordance with the provisions of this Act; 
(h) to take measures for the recovery of lost properties of any 1[waqf]; 
(i) to institute and defend suits and proceedings relating to 3[auqaf]; 
4[(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of 

this Act and the rules made thereunder:  

Provided that no such sanction shall be given unless a majority of not less than two-thirds of the 

members of the Board present cast their vote in favour of such transaction:  

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakif” (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
4. Subs. by s. 22, ibid., for clause (j) (w.e.f. 1-11-2013). 

18 

 
                                                           
Provided further that where no such sanction is given by the Board, the reasons for doing so shall 

be recorded in writing.] 

(k) to administer the 1[Waqf] Fund; 

(l)  to  call  for  such  returns,  statistics,  accounts  and  other  information  from  the  mutawallis  with 

respect to the 1[waqf] property as the Board may, from time to time, require; 

(m)  to  inspect,  or  cause  inspection  of,  1[waqf]  properties,  accounts,  records  or  deeds  and 

documents relating thereto; 

(n)  to  investigate  and  determine  the  nature  and  extent  of  1[waqf]  and  1[waqf]  property,  and  to 

cause, whenever necessary, a survey of such 1[waqf] property; 

 2[(na) to determine or cause to be determined, in such manner as may be specified by the Board, 

market rent of the waqf land or building;] 

(o) generally do all such acts as may be necessary for the control, maintenance and administration 

of  3[auqaf]. 

(3) Where the Board has settled any scheme of management under clause (d) or given any direction 
under clause (e) of sub-section (2), any person interested in the 1[waqf] or affected by such settlement or 
direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision 
of the Tribunal thereon shall be final. 

(4) Where the Board is satisfied that any 1[waqf] land, which is a 1[waqf] property, 4[has the potential 
for development as an educational institution, shopping centre, market, housing or residential flats and the 
like],  market,  housing  flats  and  the  like,  it  may  serve  upon  the  mutawalli  of  the  concerned  1[waqf]  a 
notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to 
convey its decision whether he is willing to execute the development works specified in the notice. 

(5)  On  consideration  of  the  reply,  if  any,  received  to  the  notice  issued  under  sub-section  (4),  the 
Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required 
to  be  executed  in  terms  of  the  notice,  it  may,  5***  take  over  the  property,  clear  it  of  any  building  or 
structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute 
such works from 1[waqf] funds or from the finances which may be raised on the security of the properties 
of the 1[waqf] concerned, and control and manage the properties till such time as all expenses incurred by 
the  Board  under  this  section,  together  with  interest  thereon,  the  expenditure  on  maintenance  of  such 
works and other legitimate charges incurred on the property are recovered from the income derived from 
the property: 

Provided  that  the  Board  shall  compensate  annually  the  mutawalli  of  the  concerned  1[waqf]  to  the 
extent  of  the  average  annual  net  income  derived  from  the  property  during  the  three  years  immediately 
preceding the taking over of the property by the Board. 

(6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of 
the  developed  properties,  the  developed  properties  shall  be  handed  over  to  mutawalli  of  the  concerned 
1[waqf]. 

33. Powers of inspection by Chief Executive Officer or persons authorised by him.—(1) With a 
view  to  examining  whether,  by  reason  of  any  failure  or  negligence  on  the  part  of  a  mutawalli  in  the 
performance of his executive or administrative duties, any loss or damage has been caused to any 1[waqf] 
or 1[waqf] property, the Chief Executive Officer 6[or any other person authorised by him in writing] with 
the  prior  approval  of  the  Board,  7***,  may  inspect  all  movable  and  immovable  properties,  which  are 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Ins. by s. 22, ibid. (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
4. Subs. by s. 22, ibid., for “offers a feasible potential for development as a shopping centre”  (w.e.f. 1-11-2013). 
5. The words “with the prior approval of the Government,” omitted by s. 22, ibid. (w.e.f. 1-11-2013). 
6. Ins. by s. 23, ibid. (w.e.f. 1-11-2013). 
7.  The  words  “either  himself  or  any  other  person  authorised  by  him  in  writing  in  this  behalf”  omitted  by  s.  23,  ibid.              

(w.e.f. 1-11-2013). 

19 

 
                                                           
1[waqf]  properties,  and  all  records,  correspondences,  plans,  accounts  and  other  documents  relating 
thereto. 

(2) Whenever any such inspection as referred to in sub-section (1) is made, the concerned mutawalli 
and  all  officers  and  other  employees  working  under  him  and  every  person  connected  with  the 
administration of the  1[waqf], shall extend to the person making such inspection, all such assistance and 
facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also 
produce for inspection any movable property or documents relating to the 1[waqf] as may be called for by 
the person making the inspection and furnish to him such information relating to the  1[waqf] as may be 
required by him. 

(3) Where, after any such inspection, it appears that the concerned mutawalli or any officer or other 
employee  who  is  or  was  working  under  him  had  mis-appropriated,  misapplied  or  fraudulently  retained, 
any  money  or  other  1[waqf]  property,  or  had  incurred  irregular,  unauthorised  or  improper  expenditure 
from the funds of the  1[waqf], the Chief Executive Officer may, after giving the mutawalli or the person 
concerned  a  reasonable  opportunity  of  showing  cause  why  an  order  for  the  recovery  of  the  amount  or 
property, should not be passed against him and after considering such explanation, if any, as such person 
may  furnish,  determine  the  amount  or  the  property  which  has  been  mis-appropriated,  misapplied  or 
fraudulently  retained,  or  the  amount  of the irregular, unauthorised  or improper expenditure incurred  by 
such person, and make an order directing such person to make payment of the amount so determined and 
to restore the said property to the 1[waqf], within such time as may be specified in the order. 

(4) A mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him 

of the order, appeal to the Tribunal: 

Provided that no such appeal shall be entertained by the Tribunal unless the appellant first deposits 
with the Chief Executive Officer the amount which has been determined under sub-section (3) as being 
payable  by  the  appellant  and  the  Tribunal  shall  have  no  power  to  make  any  order  staying  pending  the 
disposal  of  the  appeal,  the  operation  of  the  order  made  by  the  Chief  Executive  Officer  under                 
sub-section (3). 

(5) The Tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the 
order made by the Chief Executive Officer under sub-section (3) or may remit, either in whole or in part, 
the amount specified in such order and may make such orders as to costs as it may think appropriate in the 
circumstances of the case. 

(6) The order made by the Tribunal under sub-section (5) shall be final. 

34. Recovery of the amount determined under section 33.—Where any mutawalli or other person 
who  has  been  ordered,  whether  under  sub-section  (3)  or  sub-section  (5)  of  section  33,  to  make  any 
payment or to restore the possession of any property, omits or fails to make such payment or restoration 
within the time specified in such order, the Chief Executive Officer, with the prior approval of the Board 
shall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shall 
also  send  a  certificate  to  the  Collector  of  the  district  in  which  the  property  of  such  mutawalli  or  other 
person is situate, stating therein the amount that has been determined by him or by the Tribunal, as the 
case may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, the 
Collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and 
on  the  recovery  of  such  amount,  pay  the  same  to the  Chief  Executive  Officer,  who  shall,  on  receipt 
thereof, credit the amount to the funds of the concerned 1[waqf]. 

35. Conditional attachment by Tribunal.—(1) Where the Chief Executive Officer is satisfied  that 
the  mutawalli  or  any  other  person  who  has  been  ordered  under  sub-section  (3)  or  sub-section  (5)  of 
section 33 to make any payment, with intent to defeat or delay the execution of the said order,— 

(a) is about to dispose of the whole or any part of  the  property; or 

(b) is  about  to  remove  the  whole  or any  part  of  the  property  from  the jurisdiction  of the  Chief 

Executive Officer, 

he may, with prior approval of the Board, apply to the Tribunal for the conditional attachment of the said 
property or such part thereof, as he may think necessary. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 

20 

 
                                                           
(2) The Chief Executive Officer shall, unless the Tribunal otherwise directs, specify in the application 

the property required to be attached and the estimated value thereof. 

(3) The Tribunal may direct the mutawalli or the person concerned, as the case may be, within a time 
to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and 
place  at the  disposal  of  the  Tribunal  when  required, the  said  property  or  the  value  of  the same  or such 
portion  thereof  as  may  be  sufficient  to  satisfy  the  amount  specified  in  the  certificate  referred  to  in    
section 34, or to appear and show cause why he should not furnish such security. 

(4) The Tribunal may also in the order direct the conditional attachment of the whole or any portion 

of the property so specified. 

(5) Every attachment made under this section shall be made in accordance with the provisions of the 
Code of Civil Procedure, 1908 (5 of 1908), as if it were an order for attachment made under the provision 
of the said Code. 

CHAPTER V 

REGISTRATION OF 1[AUQAF] 

36. Registration.—(1) Every 2[waqf], whether created before or after the commencement of this Act, 

shall be registered at the office of the Board. 

(2) Application for registration shall be made by the mutawalli: 
Provided that such applications may be 3[made by the waqf] or his descendants or a beneficiary of the 

2[waqf] or any Muslim belonging to the sect to which the 2[waqf] belongs. 

(3) An application for registration shall be made in such form and manner and at such place as the 

Board may by regulation provide and shall contain the following particulars:— 

(a) a description of the 2[waqf] properties sufficient for the identification thereof; 

(b) the gross annual income from such properties; 
(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the  2[waqf] 

properties; 

(d) an estimate of the expenses annually incurred in the realisation of the income of the  2[waqf] 

properties; 

(e) the amount set apart under the 2[waqf] for— 

(i) the salary of the mutawalli and allowances to the individuals; 

(ii) purely religious purposes; 

(iii) charitable purposes; and 

(iv) any other purposes; 

(f) any other particulars provided by the Board by regulations. 

(4) Every such application shall be accompanied by a copy of the 2[waqf] deed or if no such deed has 
been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known 
to the applicant, of the origin, nature and objects of the 2[waqf]. 

(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the 
manner  provided  in  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  for  the  signing  and  verification  of 
pleadings. 

(6) The Board may require the applicant to supply any further particulars or information that it may 

consider necessary. 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 24, ibid., for “made by the wakf” (w.e.f. 1-11-2013). 

21 

 
                                                           
(7) On receipt of an application for registration, the Board may, before the registration of the  1[waqf] 
make  such  inquiries  as  it  thinks  fit  in  respect  of  the  genuineness  and  validity  of  the  application  and 
correctness  of  any  particulars  therein  and  when  the  application  is  made  by  any  person  other  than  the 
person administering the  1[waqf] property, the Board shall, before registering the  1[waqf], give notice of 
the  application  to  the  person  administering  the  1[waqf]  property  and  shall  hear  him  if  he  desires  to  be 
heard. 

(8)  In  the  case  of  2[auqaf]  created  before  the  commencement  of  this  Act,  every  application  for 
registration  shall  be  made,  within  three  months  from  such  commencement  and  in  the  case  of  2[auqaf] 
created after such commencement, within three months from the date of the creation of the 1[waqf]: 

Provided that where there is no Board at the time of creation of a  1[waqf], such application will be 

made within three months from the date of establishment of the Board. 

37. Register of 2[auqaf].— 3[(1)] The Board shall maintain a register of 2[auqaf] which shall contain 
in  respect  of  each  1[waqf]  copies  of  the  1[waqf]  deeds,  when  available  and  the  following  particulars, 
namely:— 

(a) the class of the 1[waqf]; 

(b) the name of the mutawallis; 
(c) the rule of succession to the office of mutawalli under the  1[waqf] deed or by custom or by 

usage; 

(d) particulars of all 1[waqf] properties and all title deeds and documents relating thereto; 

(e)  particulars  of  the  scheme  of  administration  and  the  scheme  of  expenditure  at  the  time  of 

registration; 

(f) such other particulars as may be provided by regulations. 

4[(2)  The  Board  shall  forward  the  details  of  the  properties  entered  in  the  register  of  auqaf  to  the 

concerned land record office having jurisdiction of the waqf property.  

(3) On receipt of the details as mentioned in sub-section (2), the land record office shall, according to 
established procedure, either make necessary entries in the land record or communicate, within a period 
of six months from the date of registration of waqf property under section 36, its objections to the Board.] 

38. Powers of Board to appoint Executive Officer.—(1) Notwithstanding anything contained in this 
Act,  the  Board  may,  if  it  is  of  the  opinion  that  it  is  necessary  so  to  do  in  the  interests  of  the  1[waqf], 
appoint  on  whole-time  or  part-time  or  in  an  honorary  capacity,  subject  to  such  conditions  as  may  be 
provided by regulations, an Executive Officer with such supporting staff as it considers necessary for any 
1[waqf] having a gross annual income of not less than five lakh rupees: 

Provided that the person chosen for appointment should be a person professing Islam. 

(2) Every Executive Officer appointed under sub-section (1) shall exercise such powers and discharge 
such  duties  as  pertain  only  to  the  administration  of  the  property  of  the  1[waqf]  for  which  he  has  been 
appointed  and  shall  exercise  those  powers  and  discharge  those  duties  under  the  direction,  control  and 
supervision of the Board: 

Provided that the Executive Officer who is appointed for a  1[waqf] having a gross annual income of 
not less than five lakh rupees shall ensure that the budget of the 1[waqf] is submitted, the accounts of the 
1[waqf] are regularly maintained, and the yearly statement of accounts are submitted within such time as 
the Board may specify. 

(3) While exercising  his  powers  and  discharging  his functions  under sub-section  (2), the  Executive 
Officer shall not interfere with any religious duties or any usage or custom of the  1[waqf] sanctioned by 
the Muslim law. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. S. 37 numbered as sub-section (1) thereof by s. 25, ibid. (w.e.f. 1-11-2013). 
4. Ins. by s. 25, ibid. (w.e.f. 1-11-2013). 

22 

 
                                                           
(4) The salaries and allowances of the Executive Officer and his staff shall be fixed by the Board and 
in fixing the quantum of such salary the Board shall have due regard to the income of the  1[waqf], the 
extent  and  nature  of  the  duties  of  the  Executive  Officer and  shall  also  ensure that the amounts  of  such 
salaries  and  allowances  are  not  disproportionate  to  the  income  of  the  1[waqf] and  do  not  operate  as  an 
unnecessary financial burden on it. 

(5) The salaries and allowances of the Executive Officer and his staff shall be paid by the Board from 
the  1[Waqf] Fund and, if the  1[waqf] generates any additional income as a result of appointment of the 
Executive Officer, the Board may claim reimbursement of amounts spent on the salaries and allowances 
from the fund of the 1[waqf] concerned. 

(6) The Board may, for sufficient reasons, and after giving to the Executive Officer or a member of 
his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the Executive Officer or a 
member of his staff from his post. 

(7)  Any  Executive  Officer  or  a  member  of  his  staff  who  is  aggrieved  by  any  order  or  removal  or 
dismissal  made  under  sub-section  (6)  may,  within  thirty  days  from  the  date  of  communication  of  the 
order,  prefer  an  appeal  against  the  order  to  the  Tribunal  and  the  Tribunal  may,  after  considering  such 
representation  as  the  Board  may  make  in  the  matter,  and  after  giving  a  reasonable  opportunity  to  the 
Executive Officer or a member of his staff of being heard, confirm, modify or reverse the order. 

39. Powers of Board in relation to 2[auqaf] which have ceased to exist.—(1) The Board shall, if it 
is satisfied that the objects or any part thereof, of a 1[waqf] have ceased to exist, whether such cesser took 
place before or after the commencement of this Act, cause an inquiry to be held by the Chief Executive 
Officer, in the prescribed manner, to ascertain the properties and funds pertaining to such 1[waqf]. 

(2)  On  the  receipt  of  the  report  of  inquiry  of  the  Chief  Executive  Officer,  the  Board  shall  pass  an 

order,— 

(a) specifying the property and funds of such 1[waqf]; 
(b)  directing  that  any  property  or  funds  pertaining  to  such  1[waqf]  which  have  been  recovered 
shall be applied or utilised for the renovation of any  1[waqf] property and where there is no need for 
making any such renovation or where utilisation of the funds for such renovation is not possible, be 
appropriated,  to  any  of  the  purposes  specific  in sub-clause  (iii) of  clause (e)  of  sub-section  (2) of 
section 32. 

(3) The Board may, if it has reason to believe that any building or other place which was being used 
for religious purpose or instruction or for charity has, whether before or after the commencement of this 
Act,  ceased  to  be  used  for  that  purpose,  make  an  application  to  the Tribunal  for  an  order  directing  the 
recovery of possession of such building or other place. 

(4) The Tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building 

or other place— 

(a) is 1[waqf] property; 

(b) has not been acquired under any law for the time being in force relating to acquisition of land 
or  is  not  under  any  process  of  acquisition  under  any  such  law,  or  has  not  vested  in  the  State 
Government under any law for the time being in force relating to land reforms; and 

(c) is not in the occupation of any person who has been authorised by or under any law for the 

time being in force to occupy such building or other place, make an order— 

(i)  directing  the  recovery  of  such  building  or  place  from  any  person  who  may  be  in 

unauthorised possession thereof, and 

(ii) directing that such property, building or place be used for religious purpose or instruction 
as before, or if such use is not possible, be utilised for any purpose specified in sub-clause (iii) of 
clause (e) of sub-section (2) of section 32. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 

23 

 
                                                           
40.  Decision  if  a  property  is  1[waqf]  property.—(1)  The  Board  may  itself  collect  information 
regarding any property which it has reason to believe to be  1[waqf] property and if any question arises 
whether  a  particular  property  is  1[waqf]  property  or  not  or  whether  a  1[waqf]  is  a  Sunni  1[waqf]  or  a     
Shia 1[waqf], it may, after making such inquiry as it may deem fit, decide the question. 

(2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified 

by the Tribunal, be final. 

(3) Where the Board has any reason to believe that any property of any trust or society registered in 
pursuance  of  the  Indian  Trusts  Act,  1882  (2  of  1882)  or  under  the  Societies  Registration  Act,  1860        
(21  of  1860)  or  under  any  other  Act,  is  1[waqf]  property,  the  Board  may  notwithstanding  anything 
contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is 
satisfied that such property is 1[waqf] property, call upon the trust or society, as the case may be, either to 
register such property under this Act as 1[waqf] property or show cause why such property should not be 
so registered: 

Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall 

be given to the authority by whom the trust or society had been registered. 

(4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued 
under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be 
final, unless it is revoked or modified by a Tribunal. 

41.  Power  to  cause  registration  of  1[waqf]  and  to  amend  register.—The  Board  may  direct  a 
mutawalli to apply for the registration of a  1[waqf], or to supply any information regarding a  1[waqf] or 
may itself cause the 1[waqf] to be registered or may at any time amend the register of 2[auqaf]. 

42.  Change  in  the management  of  2[auqaf] to  be  notified.—(1)  In  the  case  of  any  change  in  the 
management  of  a  registered  1[waqf]  due  to  the  death  or  retirement  or  removal  of  the  mutawalli,  the 
incoming mutawalli, shall forthwith, and any other person may notify the change to the Board. 

(2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli 

shall, within three months from the occurrence of the change, notify such change to the Board. 

43.  2[Auqaf]  registered  before  the  commencement  of this  Act  deemed  to  be  registered.—
Notwithstanding  anything  contained  in  this  Chapter,  where  any  1[waqf]  has  been  registered  before  the 
commencement of this Act, under any law for the time being in force, it shall not be necessary to register 
the  1[waqf] under the provisions of this Act and any such registration made before such commencement 
shall be deemed to be a registration made under this Act. 

CHAPTER VI 

MAINTENANCE OF ACCOUNTS OF 2[AUQAF] 

44. Budget.—(1) Every mutawalli of  a 1[waqf] shall, in every  year prepare, in such form and at such 
time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated 
receipts and expenditure during that financial year. 

(2) Every such budget shall be submitted by the mutawalli at least 3[thirty days] before the beginning 

of the financial year to the Board and shall make adequate provision for the following:— 

(i) for carrying out the objects of the 1[waqf]; 
(ii) for the maintenance and preservation of  the 1[waqf] property; 
(iii) for the discharge of all liabilities and subsisting commitments binding on the  1[waqf] under 

this Act or any other law for the time being in force. 
4[(3) In case the Board considers any item in the budget being contrary to the objects of the waqf and 
the provisions of this Act, it may give such direction for addition or deletion of such item as it may deem 
fit.] 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. Subs. by s. 26, ibid., for “ninety days” (w.e.f. 1-11-2013). 
4. Subs. by s. 26, ibid., for sub-section (3) (w.e.f. 1-11-2013). 

24 

 
                                                           
 (4)  If  in  the  course  of  the  financial  year  the  mutawalli  finds  it  necessary  to  modify  the  provisions 
made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the 
different heads, he may submit to the Board a supplementary or a revised budget and the provisions of 
sub-section (3) shall, as far as may be, apply to such supplementary or revised budget. 

45.  Preparation  of  budget  of  1[auqaf]  under  direct  management  of  the  Board.—(1)  The  Chief 
Executive Officer shall prepare, in such form and at such time as may be prescribed, a budget in respect 
of the financial year next ensuing showing the estimated receipts and expenditure for each of the 1[auqaf] 
under  the  direct  management of the  Board, showing therein  the estimated receipts and expenditure  and 
submit it to the Board for its approval. 

(2) While submitting the budget under sub-section (1), the Chief Executive Officer shall also prepare 
statement  giving  details  of the  increase,  if  any,  in  the  income  of  each  2[waqf]  under  the  direct 
management of the Board and the steps which have been taken for its better management and the results 
accruing therefrom during the year. 

(3)  The  Chief  Executive  Officer  shall  keep  regular  accounts  and  be  responsible  for  the  proper 

management of every 2[waqf] under the direct management of the Board. 

(4) Every budget submitted by the Chief Executive Officer under sub-section (1) shall comply with 
the  requirements  of  section  46  and,  for  this  purpose,  references therein  to  the mutawalli  of  the  3[waqf] 
shall be construed as references to the Chief Executive Officer. 

(5)  The  audit  of  accounts  of  every  2[waqf]  under  the  direct  management  of  the  Board  shall  be 
undertaken by the State Examiner of Local funds or any other officer appointed by the State Government 
for this purpose, irrespective of the income of the 2[waqf]. 

(6) The provisions of sub-sections (2) and (3) of section 47 and the provisions of sections 48 and 49 
shall,  in  so  far  as  they  are  not  inconsistent  with  the  provisions  of  this  section,  apply  to  the  audit  of 
accounts referred to in this section. 

(7) Where any  2[waqf] is under the direct management of the Board, such administrative charges as 

may be specified by the Chief Executive Officer shall be payable by the 2[waqf] to the Board: 

Provided that the Chief Executive Officer shall not collect more than ten per cent. of the gross annual 

income of the 2[waqf] under the direct management of the Board as administrative charges. 

46. Submission of Accounts of 1[auqaf].—(1) Every mutawalli shall keep regular accounts. 
(2)  Before  the  3[1st  day  of  July]  next,  following  the  date  on  which  the  application  referred  to 
in section 36 has been made and thereafter before the 3[1st day of July] in every year, every mutawalli of 
a  2[waqf] shall prepare and furnish to the Board a full and true statement of accounts, in such form and 
containing such particulars as may be provided by regulations by the Board, of  all moneys received or 
expended  by  the  mutawalli  on  behalf  of  the  2[waqf]  during  the  period  of  twelve  months  ending  on  the  
31st  day  of  March,  or,  as  the  case  may  be,  during  that  portion  of  the  said  period  during  which  the 
provisions of this Act, have been applicable to the 2[waqf]: 

Provided that the date on which the annual accounts are to be closed may be varied at the discretion 

of the Board. 

47.  Audit  of  accounts  of  1[auqaf].—(1)  The  accounts  of  1[auqaf]  submitted  to  the  Board  under 

section 46 shall be audited and examined in the following manner, namely:— 

(a) in  the  case  of  a   2[waqf]  having  no  income  or  a  net  annual  income  not exceeding 
4[fifty thousand rupees], the submission of a statement of accounts shall be a sufficient compliance 
with the provisions of section 46 and the accounts of two per cent. of such  1[auqaf] shall be audited 
annually by an auditor appointed by the Board; 

(b) the accounts of the 2[waqf] having net annual income exceeding 4[fifty thousand rupees] shall 
be audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 27, ibid., for “1st day of May” (w.e.f. 1-11-2013). 
4. Subs. by s. 28, ibid., for “ten thousand rupees” (w.e.f. 1-11-2013). 

25 

 
                                                           
Board from out of the panel of auditors prepared by the State Government and while drawing up such 
panel of auditors, the State Government shall specify the scale of remuneration of auditors; 

(c) the State Government may, 1[under intimation to the Board,] at any time cause the account of 
any 2[waqf] audited by the State Examiner of Local Funds or by any other officer designated for that 
purpose by that State Government. 

(2) The auditor shall submit his report to the Board and the report of the auditor shall among other 
things,  specify  all  cases  of  irregular,  illegal  or  improper  expenditure  or  of  failure  to  recover  money  or 
other  property  caused  by  neglect  or  misconduct  and  any  other  matter  which  the  auditor  considers  it 
necessary to report; and the report shall also contain the name of any person who, in the opinion of the 
auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the 
amount of such expenditure or loss as due from such person. 

(3) The cost of the audit of the accounts of a 2[waqf] shall be met from the funds of that 2[waqf]: 

Provided  that  the  remuneration  of  the  auditors  appointed  from  out  of  the  panel  drawn  by  the  State 
Government in relation to 3[auqaf] having a net annual income of 4[more than fifty thousand rupees] shall 
be paid in accordance with the scale of remuneration specified by the State Government under clause (c) 
of sub-section (1): 

Provided further that where the audit of the accounts of any 2[waqf] is made by the State Examiner of 
Local Funds or any other officer designated by the State Government in this behalf, the cost of such audit 
shall not exceed one and a half per cent. of the net annual income of such 2[waqf] and such costs shall be 
met from the funds of the 3[auqaf] concerned. 

48. Board to pass orders on auditor’s report.—(1) The Board shall examine the auditor’s report, 
and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass 
such orders as it thinks fit including orders for the recovery of  the amount certified by the auditor under 
sub-section (2) of section 47. 

(2) The mutawalli or any other person aggrieved by any order made by the Board may, within thirty 
days  of  the  receipt  by  him  of  the  order,  apply  to  the  Tribunal  to  modify  or  set  aside  the  order  and the 
Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit 
the amount so certified, either in whole or in part, and may also make such order as to costs as it may 
think appropriate in the circumstances of the case. 

(3) No application made under sub-section (2) shall be entertained by the Tribunal unless the amount 
certified by the auditor under sub-section (2) of section 47 has first been deposited in the Tribunal and the 
Tribunal  shall  not  have  any  power  to  stay  the  operation  of  the  order  made  by  the  Board  under              
sub-section (1). 

(4) The order made by the Tribunal under sub-section (2) shall be final. 

(5)  Every  amount  for  the  recovery  of  which  any  order  has  been  made  under  sub-section  (1)  or       

sub-section  (2)  shall,  where  such  amount  remains  unpaid,  be  recoverable  in  the  manner  specified 
in section 34 or section 35 as if the said order were an order for the recovery of any amount determined 
under sub-section (3) of section 35. 

49. Sums certified to be due recoverable as arrears of land revenue.—(1) Every sum certified to 
be due from any person by an auditor in his report under section 47 unless such certificate is modified or 
cancelled  by  an  order of the  Board  or  of  the Tribunal  made  under section  48, and  every  sum  due  on a 
modified certificate shall be paid by such person within sixty days after the service of a demand notice for 
the same issued by the Board. 

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable 
may, on a certificate issued by the Board after giving the person concerned an opportunity of being heard, 
be recovered in the same as an arrear of land revenue. 

1. Ins. by Act 27 of 2013, s. 28 (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
4. Subs. by s. 28, ibid., for “more than ten thousand rupees but less than fifteen thousand rupees” (w.e.f. 1-11-2013). 

26 

 
                                                           
50. Duties of mutawalli.—It shall be the duty of every mutawalli— 

(a) to carry out the directions of the Board in accordance with the provisions of this Act or of any 

rule or order made thereunder; 

(b) to furnish such returns and supply such information or particulars as may from time to time be 
required  by  the  Board  in  accordance  with  the  provisions  of  this  Act  or  of  any  rule  or  order  made 
thereunder; 

(c) to allow inspection of 1[waqf]  properties, accounts or records or deeds and documents relating 

thereto; 

(d) to discharge all public dues; and 

(e) to do any other act which he is lawfully required to do by or under this Act. 

51. Alienation of  1[waqf] property without sanction of Board to be void.—2[(1) Notwithstanding 
anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall 
be void unless such lease is effected with the prior sanction of the Board:  

Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused 
graveyards in the States of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased 
out before the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013).  

(1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: 

 Provided that in case the Board is satisfied that any waqf property may be developed for the purposes 
of the Act, it may, after recording reasons in writing, take up the development of such property through 
such  agency  and  in  such  manner  as  the  Board  may  determine  and  move  a  resolution  containing 
recommendation of development of such waqf property, which shall be passed by a majority of two-thirds 
of the total membership of the Board:  

Provided  further  that  nothing  contained  in  this  sub-section  shall  affect  any  acquisition  of  waqf 
properties for a public purpose under the Land Acquisition Act, 1894 (1 of 1894) or any other law relating 
to acquisition of land if such acquisition is made in consultation with the Board:  

Provided also that—  

(a)  the  acquisition  shall  not  be  in  contravention  of  the  Places  of  Public  Worship  (Special 

Provisions) Act, 1991 (42 of 1991);  

(b) the purpose for which the land is being acquired shall be undisputedly for a public purpose; 

 (c)  no  alternative  land  is  available  which  shall  be  considered  as  more  or  less  suitable  for  that 

purpose; and  

(d) to safeguard adequately the interest and objective of the waqf, the compensation shall be at 
the  prevailing  market  value  or  a  suitable  land  with  reasonable  solatium  in  lieu  of  the  acquired 
property.] 

 3*   

* 

* 

* 

* 

52. Recovery of 1[waqf] property transferred in contravention of section 51.—(1) If the Board is 
satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of 
a  1[waqf]  entered  as  such  in  the  register  of  1[waqf]  maintained  under section  36,  has  been  transferred 
without the previous sanction of the Board in contravention of the provisions of section 51  4[or section 
56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain 
and deliver possession of the property to it. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 29, ibid., for sub-section (1) (w.e.f. 1-11-2013). 
3. Sub-sections (2), (3), (4) and (5) omitted by s. 29, ibid. (w.e.f. 1-11-2013). 
4. Ins. by s. 30, ibid. (w.e.f. 1-11-2013). 

27 

 
 
 
 
 
 
 
 
                                                           
(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the 
person in  possession  of  the  property  to  deliver  the  property  to  the  Board  within  a period  of  thirty  days 
from the date of the service of the order. 

(3) Every order passed under sub-section (2) shall be served— 

(a)  by  giving  or  tendering  the  order,  or  by  sending  it  by  post  to  the  person  for  whom  it  is 

intended; or 

(b)  if  such  person  cannot  be  found,  by  affixing  the  order  on  some  conspicuous  part  of  his  last 
known place of abode or business, or by giving or tendering the order to some adult male member or 
servant of his family or by causing it to be affixed on some conspicuous part of the property to which 
it relates: 

Provided  that  where  the  person  on  whom  the  order  is  to  be  served,  is  a  minor,  service  upon  his 
guardian or upon any adult male member or servant of his family shall be deemed to be the service upon 
the minor. 

(4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of 
thirty  days  from  the  date  of  the  service  of  the  order,  prefer  an  appeal  to  the  Tribunal  within  whose 
jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. 

(5)  Where  an  order  passed  under  sub-section  (2)  has  not  been  complied  with  and  the  time  for 
appealing against such order has expired without an appeal having been preferred or the appeal, if any, 
preferred  within  that  time  has  been  dismissed,  the  Collector  shall  obtain  possession  of  the  property  in 
respect of which the order has been made, using such force, if any, as  may be necessary for the purpose 
and deliver it to the Board. 

(6) In exercising his functions under this section the Collector shall be guided by such rules as may be 

provided by regulations. 

1[52A.  Penalty  for  alienation  of  waqf  property  without  sanction  of  Board.—(1)  Whoever 
alienates  or  purchases  or  takes  possession  of,  in  any  manner  whatsoever,  either  permanently  or 
temporarily,  any  movable  or  immovable  property  being  a  waqf  property,  without  prior  sanction  of  the 
Board, shall be punishable with rigorous imprisonment for a term which may extend to two years: 

Provided that the waqf property so alienated shall without prejudice to the provisions of any law for 

the time being in force, be vested in the Board without any compensation therefor. 

 (2)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974)  any 

offence punishable under this section shall be cognizable and non-bailable.  

(3) No court shall take cognizance of any offence under this section except on a complaint made by 

the Board or any officer duly authorised by the State Government in this behalf.  

(4)  No  court inferior to  that  of a  Metropolitan  Magistrate or  a Judicial  Magistrate  of  the  first  class 

shall try any offence punishable under this section.] 

53.  Restriction  on  purchase  of  property  on  behalf  of 2[waqf].—Notwithstanding  anything 
contained in a  2[waqf] deed, no immovable property shall be purchased for or on behalf of any  2[waqf] 
from  the  funds  of  any  2[waqf]  except  with  prior  sanction  of  the  Board,  and  the  Board  shall  not  accord 
such  sanction  unless  it  considers  that  the  acquisition  of such  property  is  necessary  or  beneficial  to  the 
2[waqf] and that the price proposed to be paid therefor is adequate and reasonable: 

Provided  that  before  such  sanction  is  accorded,  the  particulars  relating  to  the  proposed  transaction 
shall be published in the Official Gazette inviting objections and suggestions with respect thereto and, the 
Board shall, after considering the objections and suggestions that may be received by it from mutawallis 
or other persons interested in the 2[waqf], make such orders as it may think fit. 

1. Ins. by Act 27 of 2013, s. 31 (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 

28 

 
                                                           
54. Removal of encroachment from 1[waqf] property.—(1) Whenever the Chief Executive Officer 
considers whether on receiving any complaint or on his own motion that there has been an encroachment 
on any land, building, space or other property which is 1[waqf] property and, which has been registered as 
such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of 
the encroachment and calling upon him to show cause before a date to be specified in such notice, as to 
why an order requiring him to remove the encroachment before the date so specified should not be made 
and shall also send a copy of such notice to the concerned mutawalli. 

(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed. 

(3)  If,  after considering  the  objections,  received  during  the  period specified in the  notice,  and  after 
conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that 
the property in question is 1[waqf] property and that there has been an encroachment on any such 1[waqf] 
property, 2[he may, make an application to the Tribunal for grant of order of eviction for removing] such 
encroachment and deliver possession of the land, building, space or other property encroached upon to the 
mutawalli of the 1[waqf]. 

3[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to 
be  recorded  therein,  make  an  order  of  eviction  directing  that  the  waqf  property  shall  be  vacated  by  all 
persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed 
on the outer door or some other conspicuous part of the waqf property: 

Provided  that  the  Tribunal  may  before  making  an  order  of  eviction,  give  an  opportunity  of  being 
heard  to  the  person  against  whom  the  application  for  eviction  has  been  made  by  the  Chief  Executive 
Officer. 

(5) If any person refuses or fails to comply with the order of eviction within forty-five days from the 
date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly 
authorised by him in this behalf may evict that person from, and take possession of, the waqf property.] 

55.  Enforcement  of  orders  made  under  section  54.—Where  the  person,  ordered  under               

4[sub-section (4)] of section 54 to remove any encroachment, omits or fails to remove such encroachment, 
within the time specified in the order or, as the case may be, fails to vacate the land, building, space or 
other  property  to  which  the  order  relates,  within  the  time  aforesaid,  the  Chief  Executive  Officer  may 
5[refer the order of the Tribunal to the Executive Magistrate] within the local limits of whose jurisdiction 
the  land,  building,  space  or  other  property,  is  situate  for  evicting  the  encroacher,  and,  thereupon,  such 
Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may 
be, vacate the land, building, space or other property and to deliver possession thereof to the concerned 
mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be, 
evict the encroacher from the land, building, space or other property and may, for this purpose, take such 
police assistance as may be necessary. 

6[55A. Disposal of property left on waqf property by  unauthorised occupants.—(1) Where any 
person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive 
Officer may, after giving fourteen days’ notice to the person from whom possession of the waqf property 
has been taken and after publishing the notice in at least one newspaper having circulation in the locality 
and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, 
remove or cause to be removed or dispose of by public auction any property remaining on such premises. 

(2)  Where  any  property  is  sold  under  sub-section  (1),  the  sale  proceeds  shall,  after  deducting  the 
expenses  relating  to  removal,  sale  and   such   other  expenses,  the  amount,  if  any,  due  to  the  State  

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 32, ibid., for “he may, by an order, require the encroacher to remove” (w.e.f. 1-11-2013). 
3. Subs. by s. 32, ibid., for sub-section (4) (w.e.f. 1-11-2013). 
4. Subs. by s. 33, ibid., for “sub-section (3)” (w.e.f. 1-11-2013). 
5. Subs. by s. 33, ibid., for “apply to the Sub-Divisional Magistrate” (w.e.f. 1-11-2013). 
6. Ins. by s. 34, ibid. (w.e.f. 1-11-2013). 

29 

 
 
                                                           
Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, 
be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same: 

Provided  that  where  the  Chief  Executive  Officer  is  unable  to  decide  as  to  the  person  to  whom  the 
balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the 
Tribunal and the decision of the Tribunal thereon shall be final.] 

56.  Restriction  on  power  to  grant  lease  of  1[waqf]  property.—(1)  2[A  lease  for  any  period 
exceeding 
shall, 
immovable  property  which 
notwithstanding anything contained in the deed or instrument of  1[waqf] or in any other law for the time 
being in force, be void and of no effect: 

thirty  years]  of  any 

1[waqf]  property, 

is 

3[Provided  that  a  lease  for  any  period  up  to  thirty  years  may  be  made  for  commercial  activities, 
education or health purposes, with the approval of the State Government, for such period and purposes as 
may be specified in the rules made by the Central Government: 

Provided  further  that  lease  of  any  immovable  waqf  property,  which  is  an  agricultural  land,  for  a 
period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf 
or in any other law for the time being in force, be void and of no effect: 

Provided also that before making lease of any waqf property, the Board shall publish the details of 

lease and invite bids in at least one leading national and regional news papers.] 

(2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is 
1[waqf] property shall, notwithstanding anything contained in the deed or instrument of  1[waqf] or in any 
other  law  for  the  time  being  in  force,  be  void  and  of  no  effect  unless  it  is  made  with  the  previous 
sanction of the Board. 

(3) The Board shall, in granting sanction for lease  5*** or renewal thereof under this section review 
the  terms  and  conditions  on  which  the  lease  5***  is  proposed  to  be  granted  or  renewed  and  make  its 
approval subject to the revision of such terms and conditions in such manner as it may direct: 

3[Provided that the Board shall immediately intimate the State Government regarding a lease for any 
period exceeding three years of any waqf property and thereafter it may become effective after the expiry 
of forty-five days from the date on which the Board intimates the State Government.] 

3[(4) Every rule made by the Central Government under this section shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session for a total period of thirty days, 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of 
the session immediately following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule.] 

57. Mutawalli entitled to pay certain costs from income of  1[waqf]  property.—Notwithstanding 
anything contained in the 1[waqf] deed, every mutawalli may pay from the income of the 1[waqf] property 
any  expenses  properly  incurred  by  him  for  the  purpose  of  enabling  him  to  furnish  any  particulars, 
documents or copies under section 36 or any accounts under section 46 or any information or documents 
required by the Board or for the purpose of enabling him to carry out the directions of the Board. 

58. Power of Board to pay dues in case of default by mutawalli.—(1) Where a mutawalli refuses 
to pay or fails to pay any revenue, cess, rates or taxes due to the Government or any local authority, the 
Board may discharge dues from the  1[Waqf] Fund and may recover the amount so paid from the  1[waqf] 
property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by, s. 35, ibid., for “A lease or sub-lease for any period exceeding three years” (w.e.f. 1-11-2013). 
3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013). 
4.  Subs.  by  s.  35,  ibid.,  for  “A  lease  or  sub-lease  for  any  period  exceeding  one  year  and  not  exceeding  three  years”               

(w.e.f. 1-11-2013). 

5. The words “or sub-lease” omitted by s. 35, ibid. (w.e.f. 1-11-2013). 

30 

 
                                                           
(2)  Any  sum  of  money  due  under  sub-section  (1)  may,  on  a  certificate  issued  by  the  Board  after 
giving the  mutawalli concerned an opportunity of  being heard, be recovered in the same  manner as an 
arrear of land revenue. 

59. Creation of reserve fund.—For the purpose of making provisions for the payment of rent and of 
revenue,  cess,  rates  and  taxes  due  to  the  Government  or  any  local  authority,  for  the  discharge  of  the 
expenses of the repair of the 1[waqf] property and for the preservation of the  1[waqf] property, the Board 
may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the 
income of a 1[waqf]. 

60.  Extension  of time.—The  Board  may,  if  its  is  satisfied  that  it  is  necessary  so  to  do,  extend  the 

time within which any act is required to be done by the mutawalli under this Act. 

61. Penalties.—(1) If a mutawalli fails to— 

(a) apply for the registration of a 2[auqaf]; 

(b) furnish statements of particulars or accounts or returns as required under this Act; 

(c) supply information or particulars as required by the Board; 
(d)  allow  inspection  of  1[waqf]  properties,  accounts,  records  or  deeds  and  documents  relating 

thereto; 

(e) deliver possession of any 1[waqf] property, if ordered by the Board or Tribunal; 
(f) carry out the directions of the Board; 

(g) discharge any public dues; or 

(h) do any other act which he is lawfully required to do by or under this Act; 

he shall, unless he satisfies the  court or the Tribunal that there was reasonable cause for his failure, be 
punishable with fine which may extend to 3[ten thousand rupees for non-compliance of clauses (a) to (d) 
and in case of non-compliance of clauses (e) to (h), he shall be punishable with imprisonment for a term 
which may extend to six months and also with fine which may extend to ten thousand rupees]. 

(2) Notwithstanding anything contained in sub-section (1), if— 

(a) a mutawalli omits or fails, with a view to concealing the existing of a  1[waqf], to apply for its 

registration under this Act,— 

(i) in the case of a  1[waqf] created before the commencement of this Act, within the period 

specified therefor in sub-section (8) of section 36; 

(ii) in the case of any  1[waqf] created after such commencement, within three months from 

the date of the creation of the 1[waqf]; or 
(b) a mutawalli furnishes any statement, return, or information to the Board, which he knows or 

has reason to believe to be false, misleading, untrue or incorrect in any material particular, 

he shall be punishable with imprisonment for a term which may extend to six months and also with fine 
which may extend to fifteen thousand rupees. 

(3)  No  court,  shall  take  cognizance  of  an  offence  punishable  under  this  Act  save  upon  complaint 

made by the Board or an officer duly authorised by the board in this behalf. 

(4)  No  court inferior to  that  of a  Metropolitan  Magistrate or  a Judicial  Magistrate  of  the  first  class 

shall try any offence punishable under this Act. 

(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the fine 

imposed under sub-section (1), when realised, shall be credited to the 1[Waqf] Fund. 

(6)  In  every  case  where  offender  is  convicted  after  the  commencement  of  this  Act,  of  an  offence 
punishable  under  sub-section  (1)  and  sentenced  to  a  fine,  the  court  shall  also  impose  such  term  of 
imprisonment in default of payment of fine as is authorised by law for such default. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. Subs. by s. 36, ibid., for “eight thousand rupees” (w.e.f. 1-11-2013). 

31 

 
                                                           
62. Mutawalli not to spend any money belonging to 1[waqf] for self defence.—No mutawalli shall 
spend  any  money  out  of  the  funds  of  the  1[waqf],  of  which  he  is  the  mutawalli,  for  meeting  any costs, 
charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other 
proceeding  for,  or  incidental  to,  his  removal  from  office  or  for  taking  any  disciplinary  action  against 
himself. 

63.  Power to  appoint mutawallis  in  certain cases.—When there is a  vacancy  in  the  office  of  the 
mutawalli of a 1[waqf] and there is no one to be appointed under the terms of the deed of the  1[waqf], or 
where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as 
mutawalli for such period and on such conditions as it may think fit. 

64. Removal of mutawalli.—(1) Notwithstanding anything contained in any other law or the deed of 

1[waqf], the Board may remove a mutawalli from his office if such mutawalli— 

(a) has been convicted more than once of an offence punishable under section 61; or 

(b) has been convicted of any offence of criminal breach of trust or any other offence involving 
moral turpitude, and such conviction has not been reversed and he has not been granted full pardon 
with respect to such offence; or 

(c)  is  of  unsound  mind  or  is  suffering  from  other  mental  or  physical  defect  or  infirmity  which 

would render him unfit to perform the functions and discharge the duties of a mutawalli; or 

(d) is an undischarged insolvent; or 

(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to 

the taking of any narcotic drugs; or 

(f) is employed as paid legal practitioner on behalf of, or against, the 1[waqf]; or 

(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years 
or  has  failed  to  submit,  in  two  consecutive  years,  the  yearly  statement  of  accounts,  as  required  by  
sub-section (2) of section 46; or 

(h) is interested, directly or indirectly, in a subsisting lease in respect of any  1[waqf] property, or 
in any contract made with, or any work being done for, the  1[waqf] or is in arrears in respect of any 
sum due by him to such 1[waqf]; or 

(i) continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of 
funds or breach of trust in relation to the 1[waqf] or in respect of any money or other 1[waqf] property; 
or 

(j)  wilfully  and  persistently  disobeys  the  lawful  orders  made  by  the  Central  Government,  State 

Government, Board under any provision of this Act or rule or order made thereunder; 

(k) misappropriates or fraudulently deals with the property of the 1[waqf]. 

(2) The removal of a person from the office of the mutawalli shall not affect his personal rights, if 
any, in respect of the 1[waqf] property either as a beneficiary or in any other capacity or his right, if any, 
as a sajjadanashin. 

(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the 
matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of 
the members of the Board. 

(4)  A  mutawalli  who  is  aggrieved  by  an  order  passed  under  any  of  the  clauses  (c)  to  (i)  of              

sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the 
order to the Tribunal and the decision of the Tribunal on such appeal shall be final. 

(5) Where any inquiry under sub-section (3) is proposed, or commenced, against any mutawalli, the 
Board  may,  if  it  is  of  opinion  that  it  is  necessary  so  to  do  in  the  interest  of  the  1[waqf],  by  an  order 
suspend such mutawalli until the conclusion of the inquiry: 

Provided  that  no  suspension  for  a  period  exceeding  ten  days  shall  be  made  except  after  giving  the 

mutawalli a reasonable opportunity of being heard against the proposed action. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 

32 

 
                                                           
(6) Where any appeal is filed by the mutawalli to the Tribunal under sub-section (4), the Board may 
make an application to the Tribunal for the appointment of a receiver to manage the  1[waqf] pending the 
decision  of  the  appeal,  and  where  such  an  application  is  made,  the  Tribunal  shall,  notwithstanding 
anything  contained  in  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  appoint  a  suitable  person  as 
receiver  to  manage  the  1[waqf]  and  direct  the  receiver  so  appointed  to  ensure  that  the  customary  or 
religious rights of the mutawalli and of the 1[waqf] are safeguarded. 

(7) Where a mutawalli has been removed from his office under sub-section (1), the Board may, by 
order, direct the mutawalli to deliver possession of the  1[waqf] property to the Board or any officer duly 
authorised in this behalf or to any person or committee appointed to act as the mutawalli of the  1[waqf] 
property. 

(8)  A  mutawalli  of  a  1[waqf]  removed  from  his  office  under  this  section  shall  not  be  eligible  for        

re-appointment as a mutawalli of that 1[waqf] for a period of five years from the date of such removal. 

65. Assumption of direct management of certain  2[auqaf] by the Board.—(1) Where no suitable 
person  is  available  for  appointment  as  a  mutawalli  of  a  1[waqf],  or  where  the  Board  is  satisfied,  for 
reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is 
prejudicial to the interests of the  1[waqf], the Board may, by notification in the Official Gazette, assume 
direct management of the 1[waqf] for such period or periods, not exceeding five years in  the aggregate, as 
may be specified in the notification. 

(2) The State Government may, on its own motion or on the application of any person interested in 
the  1[waqf],  call  for  the  records  of  any  case  for  the  purpose  of  satisfying  itself  as  to  the  correctness, 
legality or propriety of the notification issued by the Board under sub-section (1) and pass such orders as 
it may think fit and the orders so made by the State Government shall be final and shall be published in 
the manner specified in sub-section (1). 

(3)  As  soon  as  possible  after  the  close  of  every  financial  year,  the  Board  shall  send  to  the  State 

Government a detailed report in regard to every 1[waqf] under its direct management, giving therein— 

(a)  the  details  of  the  income  of  the  1[waqf]  for  the  year  immediately  preceding  the  year  under 

report; 

(b) the steps taken to improve the management and income of the 1[waqf]; 
(c) the period during which the  1[waqf] has been under the direct management of the Board and 
explaining the reasons as to why it has not been possible to entrust the management of the  1[waqf] to 
the mutawalli or any committee of management during the year; and 

(d) such other matters as may be prescribed. 

(4)  The  State  Government  shall  examine  the  report  submitted  to  it  under  sub-section  (3),  and  after 
such examination, issue such directions or instructions to the Board as it may think fit and the Board shall 
comply with such directions or instructions on receipt thereof. 

3[(5)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Board  shall  take  over  the 
administration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf 
has contravened the provisions of this Act.] 

66.  Powers  of  appointment  and  removal  of  mutawalli  when  to  be  exercised  by  the  State 
Government.—Whenever  a  deed  of  1[waqf]  or  any  decree  or  order  of  a  court  of  any  scheme  of 
management  of  any  1[waqf]  provides  that  a  court  or  any  authority  other  than  a  Board  may  appoint  or 
remove  a  mutawalli  or  settle  or  modify  such  scheme  of  management  or  otherwise  exercise 
superintendence  over  the  1[waqf],  then,  notwithstanding  anything  contained  in  such  deed  of  1[waqf], 
decree, order or scheme, such powers aforesaid shall be exercisable by the State Government: 

Provided  that  where  a  Board  has  been  established,  the  State  Government  shall  consult  the  Board 

before exercising such powers. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. Ins. by s. 37, ibid. (w.e.f. 1-11-2013). 

33 

 
                                                           
67.  Supervision  and  supersession of committee  of Management.—(1) Whenever  the  supervision 
or management of a  1[waqf] is vested in any committee appointed by the  1[waqf], then, notwithstanding 
anything  contained  in  this  Act,  such  committee  shall  continue  to  function  until  it  is  superseded  by  the 
Board or until the expiry of its term as may be specified by the 1[waqf], whichever is earlier: 

Provided that such committee shall function under the direction, control and supervision of the Board 

and abide by such directions as the Board may issue from time to time: 

Provided further that if the Board is satisfied that any scheme for the management of a  1[waqf] by a 
committee  is  inconsistent  with  any  provision  of  this  Act  or  of  any  rule  made  thereunder  or  with  the 
directions of the 1[waqf], it may, at any time, modify the scheme in such manner as may be necessary to 
bring it in conformity with the directions of the 1[waqf] or of the provisions of this Act and the rules made 
thereunder. 

(2) Notwithstanding anything contained in this Act, and in the deed of the 1[waqf], the Board may, if 
it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not 
functioning properly and satisfactorily, or that the 1[waqf] is being mismanaged and that in the interest of 
its  proper  management,  it  is  necessary  so  to  do,  by  an  order,  supersede  such  committee,  and,  on  such 
supersession, any direction of the 1[waqf], in so far as it relates to the constitution of the committee, shall 
cease to have any force: 

Provided  that  the  Board  shall,  before  making  any  order  superseding  any  committee,  issue  a  notice 
setting forth therein the reasons for the proposed action and calling upon the  Committee to show cause 
within such time, not being less than one month, as may be specified in the notice, as to why such action 
shall not be taken. 

(3) Every order made by the Board under sub-section (2) shall be published in the prescribed manner 
and  on  such  publication  shall  be  binding  on  the  mutawalli  and  all  persons  having  any  interest  in  the 
1[waqf]. 

(4) Any order made by the Board under sub-section (2) shall be final: 

Provided that any person aggrieved by the order made under sub-section (2) may, within sixty days 

from the date of the order, appeal to the Tribunal: 

Provided further that the Tribunal shall have no power to suspend the operation of the order made by 

the Board pending such appeal. 

(5) The Board shall, whenever it supersedes any committee under sub-section (2), constitute a new 

committee of  management simultaneously with the order made by it under sub-section (2). 

(6)  Notwithstanding  anything  contained  in  the  foregoing  sub-sections,  the  Board  may,  instead  of 
superseding any committee under sub-section (2), remove any member thereof if it is satisfied that such 
member has abused his position as such member or had knowingly acted in a manner prejudicial to the 
interests of the 1[waqf], and every such order for the removal of any member shall be served upon him by 
registered post: 

Provided  that  no  order  for  the  removal  of  the  member  shall  be  made  unless  he  has  been  given  a 

reasonable opportunity of showing cause against the proposed action: 

Provided further that any member aggrieved by any order for his removal from the membership of the 
committee  may,  within  a  period  of  thirty  days  from  the  date  of service  of  the  order  on  him,  prefer  an 
appeal against such order to the Tribunal and Tribunal may, after giving a reasonable opportunity to the 
appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the 
order made by the Tribunal in such appeal shall be final. 

68.  Duty  of  mutawalli  or  committee  to  deliver  possession  of  records,  etc.—(1)  Where  any 
mutawalli or committee of management has been removed by the Board in accordance with provisions of 
this Act, or of any scheme made by the Board, the mutawalli or the committee so removed from the office 
(hereinafter in this section referred to as the removed mutawalli or committee) shall hand over charge and 
deliver  possession  of  the  records,  accounts  and  all  properties  of  the  1[waqf]  (including  cash)  to  the 
successor mutawalli or the successor committee, within one month from the date specified in the order. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 

34 

 
                                                           
(2) Where any removed  mutawalli or committee fails to deliver charge or deliver possession of the 
records, accounts and properties (including cash) to the successor mutawalli or committee within the time 
specified  in  sub-section  (1),  or  prevents  or  obstructs  such  mutawalli  or  committee,  from  obtaining 
possession  thereof  after  expiry  of  the  period  aforesaid,  the  successor  mutawalli  or  any  member  of  the 
successor committee may make an application, accompanied by a certified copy of the order appointing 
such  successor  mutawalli  or  committee,  to  any  1[District  Magistrate,  Additional  District  Magistrate,   
Sub-Divisional Magistrate or their equivalent] within the local limits of whose jurisdiction any part of the 
2[waqf]  property  is  situated  and,  thereupon  such  1[District  Magistrate,  Additional  District  Magistrate,    
Sub-Divisional  Magistrate  or  their  equivalent]  may,  after  giving  notice  to  the  removed  mutawalli  or 
members  of  the  removed  committee,  make  an  order  directing  the  delivery  of  charge  and  possession  of 
such records, accounts and properties (including cash ) of the  2[waqf] to the successor mutawalli or the 
committee, as the case may be, within such time as may be specified in the order. 

(3) Where the removed mutawalli or any member of the removed committee, omits or fails to deliver 
charge and possession of the records, accounts and properties (including cash) within the time specified 
by  3[any  Magistrate]  under  sub-section  (2)  the  removed  mutawalli  or  every  member  of the  removed 
committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six 
months or with fine which may extend to eight thousand rupees, or with both. 

(4)  Whenever  any  removed  mutawalli  or  any  member  of  the  removed  committee  omits  or  fails  to 
comply with the orders made by 3[any Magistrate] under sub-section (2), 3[any Magistrate] may authorise 
the successor mutawalli or committee to take charge and possession of such records, accounts, properties 
(including cash) and may authorise such person to take such police assistance as may be necessary for the 
purpose. 

(5) No order of the appointment of the successor mutawalli or committee, shall be called in question 

in the proceedings before 3[any Magistrate] under this section. 

(6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by 
any person aggrieved by any order made under this section, to establish that he has right, title and interest 
in the properties specified in the order made by 3[any Magistrate] under sub-section (2). 

69.  Power  of  Board  to  frame  scheme  for  administration  of  2[waqf].—4[(1)  Where  the  Board  is 
satisfied after an enquiry, whether on its own motion or on the application of not less than five persons 
interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, 
frame  such  scheme  for  the  administration  of  the  waqf,  after  giving  reasonable  opportunity  and  after 
consultation with the mutawalli or others in the prescribed manner.] 

(2)  A  scheme  framed  under  sub-section  (1)  may  provide  for  the  removal  of  the  mutawalli  of  the 

2[waqf] holding office as such immediately before the date on which the scheme comes into force: 

Provided  that  where  any  such  scheme  provides  for  the  removal  of  any  hereditary  mutawalli,  the 
scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli 
so  removed,  as  one  of  the  members  of  the  committee  appointed  for  the  proper  administration  of  the 
2[waqf]. 

(3) Every order made under sub-section (2) shall be published in the prescribed manner, and, on such 

publication shall be final and binding on the mutawalli, and all persons interested in the 2[waqf]: 

Provided that any person aggrieved by an order made under this section may, within sixty days from 
the  date  of  the  order,  prefer  an  appeal  to  the  Tribunal  and after  hearing  such  appeal,  the  Tribunal  may 
confirm, reverse or modify the order: 

Provided further that the Tribunal shall have no power to stay the operation of the order made under 

this section. 

1. Subs. by Act 27 of 2013, s. 38, for “Magistrate of the first class” and “Magistrate” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 38, ibid., for “the Magistrate” (w.e.f. 1-11-2013). 
4. Subs. by s. 39, ibid., for sub-section (1) (w.e.f. 1-11-2013). 

35 

 
                                                           
(4) The Board may, at any time by an order, whether made before or after the scheme has come into 

force, cancel or modify the scheme. 

(5) Pending the framing of the scheme for the proper administration of the  1[waqf], the Board may 
appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise 
the powers, and perform the duties, of such mutawalli. 

70. Inquiry relating to administration of  1[waqf].—Any person interested in a  1[waqf] may make 
an application to the Board supported by an affidavit to institute an inquiry relating to the administration 
of the 1[waqf] and if the Board is satisfied that there are reasonable grounds for believing that the affairs 
of the 1[waqf] are being mismanaged, it shall take such action thereon as it thinks fit. 

71.  Manner  of  holding  inquiry.—(1)  The  Board  may,  either  on  an  application  received 

under section 2[70] or on its own motion,— 

(a) hold an inquiry in such manner as may be prescribed; or 
(b) authorise any person in this behalf to hold an inquiry into any matter relating to a 1[waqf] and 

take such action as it thinks fit. 

(2) For the purposes of an inquiry under this section, the Board or any person authorised by it in this 
behalf, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 
(5 of 1908) for enforcing the attendance of witnesses and production of documents. 

CHAPTER VII 

FINANCE OF THE BOARD 

72.  Annual  contribution  payable  to  Board.—(1)  The  mutawalli  of  every  1[waqf],  the  net  annual 
income of which is not less than five thousand rupees, shall pay annually, out of the net annual income 
derived by the 1[waqf], such contributions, not exceeding seven per cent. of such annual income, as may 
be prescribed, to the Board for the services rendered by such Board to the 1[waqf]. 

Explanation I .—For the purposes of this Act, “net annual income” shall mean the gross income of 
the  1[waqf] from all sources, including nazars and offerings which do not amount to contributions to the 
corpus of the 3[auqaf], in a year after deducting therefrom the following, namely:— 

(i) the land revenue paid by it to the Government; 

(ii) the rates, cesses, taxes and licence fees, paid by it to the Government or any local authority; 
(iii) expenditure incurred for all or any of  the  4[in respect of lands directly under cultivation by 

the mutawalli for the benefit of the waqf], namely:— 

(a) maintenance of, or repairs to, irrigation works, which shall not include the capital cost of 

irrigation; 

(b) seeds or seedlings; 

(c) manure; 

(d) purchase and maintenance of agricultural implements; 

(e) purchase and maintenance of cattle for cultivation; 

(f)  wages  for  ploughing,  watering,  sowing,  transplanting,  harvesting,  threshing  and  other 

agricultural operations: 

Provided that the total deduction in respect of an expenditure incurred under this clause shall not 

exceed 5[twenty per cent.] of the income derived from lands belonging to the 1[waqf]: 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 40, ibid., for “73” (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
4. Subs. by s. 41, ibid., for “following purposes” (w.e.f. 1-11-2013). 
5. Subs. by s. 41, ibid., for “ten per cent.” (w.e.f. 1-11-2013). 

36 

 
                                                           
1[Provided  further  that  no  such  deduction  shall  be  permitted  in  respect  of  waqf  land  given  on 

lease, by whatever name called, whether batai or share cropping or any other name.] 

(iv) expenditure on sundry repairs to rented buildings, not exceeding five per cent. of the annual 

rent derived therefrom, or the actual expenditure, whichever is less; 

(v)  sale  proceeds  of  immovable  properties  or  rights  relating  to,  or  arising  out  of  immovable 

properties, if such proceeds are reinvested to earn income for the 2[waqf]: 

Provided that the following items of receipts shall not be deemed to be income for the purposes of 

this section, namely:— 

(a) advances and deposits recovered and loans taken or recovered; 

(b) deposits made as security by employees, lessees or contractors and other deposits, if any; 

(c) withdrawals from banks or of investments; 

(d) amounts recovered towards costs awarded by courts; 

(e) sale proceeds of religious books and publications where such sales are undertaken as an 

un-remunerative enterprise with a view to propagating religion; 

(f) donations in cash or kind or offerings made by the donors as contribution to the corpus of 

the 2[waqf]: 

Provided that interest on income, if any, accruing from such donations or offerings shall be 

taken into account in calculating the gross annual income; 

(g) voluntary contributions received in cash or kind for a specific service to be performed by 

the 2[waqf] and expended on such service; 

(h) audit recoveries; 

Explanation II.—In determining the net annual income for the purposes of this section, only the net 
profit derived by any 2[waqf] from its remunerative undertakings, if any, shall be taken as income, and in 
respect  of  its  non-remunerative  undertakings,  such  as,  schools,  colleges,  hospitals,  poor  homes, 
orphanages or any other similar institutions, the grants given by the Government or any local authority or 
donations received from the public or fees collected from the pupils of educational institutions shall not 
be taken as income. 

(2) The Board may in the case of any mosque or orphanage or any particular  2[waqf] reduce or remit 

such contribution for such time as it thinks fit. 

(3) The  mutawalli  of  a  2[waqf]  may  realise  the contributions  payable  by  him  under  sub-section  (1) 
from the various persons entitled to received any pecuniary or other material benefit from the 2[waqf], but 
the sum realisable from any one of such persons shall not exceed such amount as shall bear to the total 
contribution payable, the same proportion, as the value of the benefits receivable by such person bears to 
the entire net annual income of the 2[waqf]: 

Provided that if there is any income of the 2[waqf] available in excess of the amount payable as dues 
under this Act, other than as the contribution under sub-section (1), and in excess of the amount payable 
under the 2[waqf] deed, the contribution shall be paid out of such income. 

(4) The contribution payable under sub-section (1) in respect of a  2[waqf] shall, subject to the prior 
payment of any dues to the Government or any local authority or of any other statutory first charge on the 
2[waqf]  property  or  the  income  thereof,  be  a  first  charge  on  the  income  of  the  2[waqf]  and  shall  be 
recoverable, on a certificate issued by the Board after giving the mutawalli concerned an opportunity of 
being heard, as an arrear of land revenue. 

1. Ins. by Act 27 of 2013, s. 41 (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 

37 

 
                                                           
(5)  If  a  mutawalli  realises  the  income  of  the  1[waqf]  and  refuses  to  pay  or  does  not  pay  such 
contribution,  he  shall  also  be  personally  liable  for  such  contribution  which  may  be  realised  from  his 
person or property in the manner aforesaid. 

(6) Where, after the commencement of this Act, the mutawalli of a 1[waqf] fails to submit a return of 
the net annual income of the  1[waqf] within the time specified therefor or submits a return which, in the 
opinion of the Chief Executive Officer is incorrect or false in any material particular, or which does not 
comply with the provisions of this Act or any rule or order made thereunder, the Chief Executive Officer 
may  assess  the  net  annual  income  of  the  1[waqf]  to  the  best  of  his  judgment  or  revise  the  net  annual 
income as shown in the return submitted by the mutawalli and the net annual income as so assessed or 
revised shall be deemed to be the net annual income of the 1[waqf] for the purposes of this section: 

Provided that no assessment of net annual income or revision of return submitted by mutawalli shall 
be made except after giving a notice to the mutawalli calling upon him to show cause, within the time 
specified in the notice, as to why such assessment or revision of the return shall not be made and every 
such assessment or revision shall be made after considering the reply if any, given by the mutawalli. 

(7)  Any  mutawalli  who  is  aggrieved  by  the  assessment  or  revision  made  by  the  Chief  Executive 
Officer, under sub-section (6), may prefer an appeal to the Board within thirty days from the date of the 
receipt of the assessment or revision of return and the Board may, after giving the appellant a reasonable 
opportunity of being heard, confirm, reverse or modify the assessment or revision or the return and the 
decision of the Board thereon shall be final. 

(8) If, for any reason, the contribution or any portion thereof leviable under this section has escaped 
assessment  in  any  year,  whether  before  or  after  the  commencement  of  this  Act,  the  Chief  Executive 
Officer  may,  within  five  years  from  the  last  date  of  the  year  to  which  such  escaped  assessment  relates 
serve  upon  the  mutawalli  a  notice  assessing  him  with  the  contribution  or  portion  thereof  which  had 
escaped assessment, and demanding payment thereof within thirty days from the date of service of such 
notice, and the provisions of this Act and the rules made thereunder, shall, as far as may be, apply as if the 
assessments were made under this Act, in the first instance. 

73.  Power  of  Chief  Executive  Officer  to  direct  banks  or  other  person  to  make              

payments.—(1)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  the 
Chief  Executive  Officer,  if  he  is  satisfied  that  it  is  necessary  and  expedient  so  to  do,  make  an  order 
directing any bank in which, or any person with whom any money belonging to a 1[waqf] is deposited, to 
pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the 
1[waqf] in such bank or may be deposited with such person, or out of the moneys which may, from time 
to time, be received by bank or other person for or on behalf of the  1[waqf]  by way of deposit, and on 
receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been 
preferred under                sub-section (3), comply with such orders, or where an appeal has been preferred 
under sub-section (3), shall comply, with the orders made by the Tribunal on such appeal. 

(2)  Every  payment  made  by  a  bank  or  other  person  in  pursuance  of  any  order  made  under              

sub-section (1), shall operate as a full discharge of the liability of such bank or other person in relation to 
the sum so paid. 

(3) Any bank or other person who is ordered under sub-section (1) to make any payment may, within 
thirty days from the date of the order, prefer an appeal against such order to the Tribunal and the decision 
of the Tribunal on such appeal shall be final. 

(4)  Every  officer  of  the  bank  or  other  person  who  fails,  without  any  reasonable  excuse,  to  comply 
with  the  order  made  under  sub-section  (1)  or,  as  the  case  may  be,  under  sub-section  (3),  shall  be 
punishable with imprisonment for a term which may extend to six months or with fine which may extend 
to eight thousand rupees, or with both. 

74.  Deduction  of  contribution  from  perpetual  annuity  payable  to  the  1[waqf].—(1)  Every 
authority empowered to disburse any perpetual annuity payable to a 1[waqf] under any law relating to the 
abolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from the 
1[waqf] 
Chief  Executive  Officer,  specifying 

the  amount  of  contribution  payable  by 

the 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 

38 

 
                                                           
under section 72 which  remains  unpaid,  deduct  before  making  payment  of  the  perpetual  annuity  to  the 
1[waqf], the amount specified in such certificate and remit the amount so deducted to the Chief Executive 
Officer. 

(2) Every amount remitted under sub-section (1) to the Chief Executive Officer shall be deemed to be 
a  payment  made  by  the  1[waqf]  and  shall,  to  the  extent  of  the  amount  so  remitted,  operate  as  a  full 
discharge of the liability of such authority with regard to the payment of the perpetual annuity. 

75. Power of board to borrow.—(1) For the purpose of giving effect to the provisions of this Act, 
the Board may, with the previous sanction of the State Government,  borrow such sum of money and on 
such terms and conditions as the State Government may determine. 

(2)  The  Board  shall  repay  the  money  borrowed,  together  with  any  interest  or  costs  due  in  respect 

thereof, according to the terms and conditions of the loan. 

76.  Mutawalli  not  to  lend  or  borrow  moneys  without  sanction.—(1)  No  mutawalli,  Executive 
Officer or other person in charge of the administration of a 1[waqf] shall lend any money belonging to the 
1[waqf]  or  any  1[waqf]  property  or  borrow  any  money  for  the  purposes  of  the  1[waqf]  except  with  the 
previous sanction of the Board: 

Provided that no such sanction is necessary if there is an express provision in the deed of 1[waqf] for 

such borrowing or lending, as the case may be. 

(2) The Board may, while according sanction, specify any terms and conditions subject to which the 
person referred to in sub-section (1) is authorised by him to lend or borrow any money or lend any other 
1[waqf] property. 

(3) Where any  money  is  lent  or  borrowed,  or  other  1[waqf]  property  is  lent in contravention  of the 

provisions of this section, it shall be lawful for the Chief Executive Officer,— 

(a) to recover an amount equal to the amount which has been so lent or borrowed, together with 
interest  due  thereon,  from  the  personal  funds  of  the  person  by  whom  such  amount  was  lent  or 
borrowed; 

(b) to recover the possession of the 1[waqf] property lent in contravention of the provisions of this 
Act, from the person to whom it was lent, or from persons who claim title to such property through 
the person to whom such property was lent. 
77.  1[Waqf] Fund.—(1) All moneys received or realised by the Board under this Act and all other 
moneys  received  as  donations,  benefactions  or  grants  by  the  Board  shall  form  a  fund  to  be  called  the 
1[Waqf] Fund. 

(2) All moneys received by the Board, as donations, benefactions and grants shall be deposited and 

accounted for under a separate sub-head. 

(3) Subject to any rules that may be made by the State Government in this behalf, the  1[Waqf] Fund 
shall be under the control of the Board, so, however, that   the 1[Waqf] Fund under the control of common 
1[Waqf] Board shall be subject to rules, if any, made in this behalf by the Central Government. 

(4) The 1[Waqf] Fund shall be applied to— 

(a) repayment of any loan incurred under section 75 and payment of interest thereon; 
(b) payment of the cost of audit of the 1[Waqf] Fund and the accounts of 2[auqaf]; 

(c) payment of the salary and allowances to the officers and staff of the Board; 

(d) payment of traveling allowances to the Chairperson, members, of the Board; 

(e) payment of all expenses incurred by the Board in the performance of the duties imposed, and 

the exercise of the powers conferred, by or under this Act; 

(f) payment of all expenses incurred by the Board for the discharge of any obligation imposed on 

it by or under any law for the time being in force. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 

39 

 
                                                           
1[(g) payment of maintenance to Muslim women as ordered by a court of competent jurisdiction 

under  the  provisions  of  the  Muslim  Women  (Protection  of  Rights  on  Divorce)  Act,  1986                 
(25 of 1986).] 

(5) If any balance remains after meeting the expenditure referred to in sub-section (4), the Board may 
use any portion of such balance for the preservation and protection of 2[waqf] properties or for such other 
purposes as it may deem fit. 

78. Budget of Board.—(1) The Board shall in every year prepare, in such form and at such time as 
may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure 
during that financial year and forward a copy of the same to the State Government. 

(2)  On  receipt  of  the  budget  forwarded  to  it  under  sub-section  (1),  the  State  Government  shall 
examine the same and suggest such alterations, corrections or modifications to be made therein as it may 
think fit and forward such suggestions to the Board for its consideration. 

(3)  On  receipt  of  the  suggestions  from  the  State  Government  the  Board  may  make  written 
representations to that Government with regard to the alterations, corrections or modifications suggested 
by  that  Government  and  the  State  Government  shall,  after  considering  such  representations, 
communicate,  within  a  period  of  three  weeks  from  the  date  of  receipt  thereof,  to  the  Board  its  final 
decision in relation to the matter and the decision of the State Government shall be final. 

(4)  On  receipt  of  the  decision  of  the  State  Government  under  sub-section  (3),  the  Board  shall 
incorporate  in  its  budget  all  the  alterations,  corrections,  modifications  finally  suggested  by  the  State 
Government and the budget as so altered, corrected or modified, shall be the budget which shall be passed 
by the Board. 

79. Accounts of Board.—The Board shall cause to be maintained such books of account and other 

books in relation to its accounts in such form and in such manner as may be provided by regulations. 

80.  Audit  of  accounts  of  Board.—(1)  The  accounts  of  the  Board  shall  be  audited  and  examined 

annually by such auditor as may be appointed by the State Government. 

(2) The  auditor  shall  submit  his report to the  State  Government  and  the  report of  the  auditor  shall, 
among other things, specify whether the accounts of every  2[waqf]  under the direct management of the 
Board  have  been  kept  separately  and  whether  such  accounts  have  been  audited  annually  by  the  State 
Examiner of Local Funds and shall also specify all cases of irregular, illegal or improper expenditure or of 
failure to recover money or other property caused by neglect or misconduct and any other matter which 
the auditor considers it necessary to report; and the report shall also contain the name of any person who, 
in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every 
such case certify the amount of such expenditure or loss as due from such person. 

(3) The cost of the audit shall be paid from the 2[Waqf] Fund. 

81. State Government to pass orders on auditor’s report.—The State Government shall examine 
the  auditor’s  report  and  may  call  for  the  explanation  of  any  person  in  regard  to  any  matter  mentioned 
therein, and shall pass such orders on the report as it thinks fit  3[and a copy of the said auditor’s report, 
along  with  orders  shall  be  forwarded  by  the  State  Government  to  the  Council  within  a  period  of  thirty 
days of laying of such report before each House of the State Legislature where it consists of two Houses 
or where such Legislatures consist of one House, before that House]. 

82. Dues of Board to be recovered as arrears of land revenue.—(1) Every sum certified to be due 
from any person by an auditor in his report under section 80, be paid by such person within sixty days 
after service of a demand notice by the Board. 

(2) If such payment is not made in accordance with the provisions of sub-section (1), the sum payable 
may,  on  a  certificate  issued  by  the  Board,  after  giving  the  person  concerned  an  opportunity  of  being 
heard, be recovered as an arrear of land revenue. 

1. Ins. by Act 27 of 2013, s. 42 (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 43, ibid., for “as it thinks fit” (w.e.f. 1-11-2013). 

40 

 
 
 
                                                           
CHAPTER VIII 

JUDICIAL PROCEEDINGS 

83. Constitution of Tribunals, etc.—1[(1) The State Government shall, by notification in the Official 
Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or 
other  matter  relating  to  a  waqf  or  waqf  property,  eviction  of  a  tenant  or  determination  of  rights  and 
obligations of the lessor and the lessee of such property, under this Act and define the local limits and 
jurisdiction of such Tribunals.] 

(2)  Any  mutawalli  person  interested  in  a  2[waqf]  or  any  other  person  aggrieved  by  an  order  made 
under this Act, or rules made thereunder, may make an application within the time specified in this Act or 
where  no  such time  has  been  specified,  within  such  time  as  may  be  prescribed,  to  the Tribunal  for  the 
determination of any dispute, question or other matter relating to the 2[waqf]. 

(3)  Where  any  application  made  under  sub-section  (1)  relates  to  any  2[waqf]  property  which  falls 
within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to 
the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of 
the 2[waqf] actually and voluntarily resides, carries on business or personally works for gain, and, where 
any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction 
shall not entertain any application for the determination of such dispute, question or other matter: 

Provided that the State Government may, if it is of opinion that it is expedient in the interest of the 
2[waqf]  or any other person interested in the  2[waqf] or the 2[waqf] property to transfer such application 
to  any  other  Tribunal  having  jurisdiction  for  the  determination  of  the  dispute,  question  or  other  matter 
relating  to  such  2[waqf]  or  2[waqf]  property,  transfer  such  application  to  any  other  Tribunal  having 
jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with 
the application from the stage which was reached before the Tribunal from which the application has been 
so transferred, except where the Tribunal is of opinion that it is necessary in the interest of justice to deal 
with the application afresh. 

3[(4) Every Tribunal shall consist of— 

(a) one person, who shall be a member of the State Judicial Service holding a rank, not below that 

of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; 

(b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of 

the Additional District Magistrate, Member; 

(c) one person having knowledge of Muslim law and jurisprudence, Member; 

and the appointment of every such person shall be made either by name or by designation. 

(4A) The terms and conditions of appointment including the salaries and allowances payable to the 
Chairman and other members other than persons appointed as ex officio members shall be such as may be 
prescribed.] 

(5)  The  Tribunal  shall  be  deemed  to  be  a  civil  court  and  shall  have  the  same  powers  as  may  be 
exercised  by  a  civil  court  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  while  trying  a  suit,  or 
executing a decree or order. 

(6)  Notwithstanding  anything  contained  in  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  the 

Tribunal shall follow such procedure as may be prescribed. 

(7) The decision of the Tribunal shall be final and binding upon the parties to the application and it 

shall have the force of a decree made by a civil court. 

(8)  The  execution  of  any  decision  of  the  Tribunal  shall  be  made  by  the  civil  court  to  which  such 
decision  is  sent  for  execution  in  accordance  with  the  provisions  of  the  Code  of  Civil  Procedure,  1908      
(5 of 1908). 

1. Subs. by Act 27 of 2013, s. 44, for sub-section (1) (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 44, ibid., for sub-section (4) (w.e.f. 1-11-2013). 

41 

 
                                                           
(9) No appeal shall lie against any decision or order whether interim or otherwise, given or made by 

the Tribunal: 

Provided that a High Court may, on its own motion or on the application of the Board or any person 
aggrieved,  call  for  and  examine  the records relating  to  any  dispute,  question  or other  matter  which  has 
been  determined  by  the  Tribunal  for  the  purpose  of  satisfying  itself  as  to  the  correctness,  legality  or 
propriety  of  such  determination  and  may  confirm,  reverse  or  modify  such  determination  or  pass  such 
other order as it may think fit. 

84.  Tribunal  to  hold  proceedings  expeditiously  and  to  furnish  to  the  parties  copies  of  its 
decision.—Whenever an application is made to a Tribunal for the determination of any dispute, question 
or other matter relating to a  1[waqf] or  1[waqf] property it shall hold its proceedings as expeditiously as 
possible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decision 
in writing and furnish a copy of such decision to each of the parties to the dispute. 

85.  Bar  of  jurisdiction  of  civil  courts.—No  suit  or  other  legal  proceeding  shall  lie  in  any                    

2[civil  court,  revenue  court  and  any  other  authority]  in  respect  of  any  dispute,  question  or  other  matter 
relating  to  any  1[waqf],  1[waqf]  property  or  other  matter  which  is  required  by  or  under  this  Act  to  be 
determined by a Tribunal. 

86. Appointment of a receiver in certain cases.—Notwithstanding anything contained in the Code 
of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, where any suit or 
other legal proceeding is instituted or commenced— 

(a) by or on behalf of a Board— 

(i) to set aside the sale of any immovable property, which is 1[waqf] property, in execution of 

a decree or order of a civil court; 

(ii) to set aside the transfer of any immovable property, which is  1[waqf] property, made by 
the  mutawalli  thereof,  whether  for  valuable  consideration  or  not,  without  or  otherwise  than  in 
accordance with, the sanction of the Board; 

(iii) to recover possession of the property referred to in clause (a) or clause (b) or to restore 

possession of such property to the mutawalli of the concerned 1[waqf]; or 
(b)  by  a  mutawalli  to  recover  possession  of  immovable  property,  which  is  1[waqf]  property, 
which has been transferred by a previous mutawalli  3[or by any other person], whether for valuable 
consideration or not, without otherwise than in accordance with the sanction of the Board, and which 
is in the possession of the defendant, 

the  court  may,  on  the  application  of  the  plaintiff,  appoint  a  receiver  of  such  property  and  direct  such 
receiver to pay from time to time to the plaintiff, out of the income of the property, such amount as the 
court may consider to be necessary for further prosecution of the suit. 

87.  [Bar  to  the  enforcement  of  right  on  behalf  of  unregistered  wakfs.]  Omitted  by  the  Wakf 

(Amendment) Act, 2013 (27 of 2013), s. 47 (w.e.f. 1-11-2013). 

88. Bar to challenge the validity of any notification, etc.—Save as otherwise expressly provided in 
this  Act,  no  notification  or  order  or  decision  made,  proceeding  or  action  taken,  by  the  Central 
Government or the State Government under this Act or any rule made thereunder shall be questioned in 
any Civil Court. 

89.  Notice  of  suits  by  parties  against  Board.—No  suit  shall  be  instituted  against  the  Board  in 
respect of any act purporting to be done by it in pursuance of this Act or of any rules made thereunder, 
until the expiration of two months next after notice in writing has been delivered to, or left at, the office of 
the Board, stating the cause of action, the name, description and place of residence of the plaintiff and the 
relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or 
left. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 45, ibid., for “civil court” (1) (w.e.f. 1-11-2013). 
3. Ins. by s. 46, ibid. (w.e.f. 1-11-2013). 

42 

 
                                                           
90. Notice of suits, etc., by courts.—(1) In every suit or proceeding relating to a title to or possession 
of a 1[waqf] property or the right of a mutawalli or beneficiary, the court or Tribunal shall issue notice to 
the Board at the cost of the party instituting  such suit or proceeding. 

(2) Whenever any 1[waqf] property is notified for sale in execution of a decree of a civil court or for 
the recovery of any revenue, cess, rates of taxes due to the Government or any local authority, notice shall 
be given to the Board by the court, Collector or other person under whose order the sale is notified. 

(3)  In  the  absence  of  a  notice  under  sub-section  (1),  any  decree  or  order  passed  in  the  suit  or 
proceeding shall be declared void, if the Board, within 2[six month] of its coming to know of such suit or 
proceeding, applies to the court in this behalf. 

(4)  In  the  absence  of  a  notice  under  sub-section  (2),  the  sale  shall  be  declared  void,  if  the  Board, 
within one month of its coming to know of the sale, applies in this behalf to the court or other authority 
under whose order the sale was held. 

91.  Proceedings  under  Act  1  of  1894.—(1)  If,  in  the  course  of  proceedings  under  the  Land 
Acquisition Act, 1894 or under any law for the time being in force relating to the  acquisition of land or 
other property, 3[and before an award is made, in case the property] under acquisition is 1[waqf] property, 
a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be 
stayed  to  enable  the  Board  to  appear  and  plead  as  a  party  to  the  proceeding  at  any  time  within  three 
months from the date of the receipt of such notice. 

Explanation.—The reference to the Collector in the foregoing provisions of this sub-section shall, in 
relation to any other law referred to therein, be construed, if the Collector is not the competent authority 
under such other law to make an award of the compensation or other amount payable for acquisition of 
land or other property thereunder, as a reference to the authority under such other law competent to make 
such award. 

(2) Where the Board has reason to believe that any property under acquisition is 1[waqf] property, it 

may at any time before the award is made appear and plead as a party to the proceeding. 

(3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no order 
shall  be  passed  under  section  31  or  section  32  of  the  Land  Acquisition  Act,  1894  or  under  the 
corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to 
the Board to be heard. 

(4) Any order passed under section 31 or section 32 of the Land Acquisition Act, 1894 or under the 
corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to 
the Board to be heard, shall be declared void if the Board, within one month of its coming to know of the 
order, applies in this behalf to the authority which made the order. 

92. Board to be party to suit or proceeding.—In any suit or proceeding in respect of a  1[waqf] or 

any 1[waqf] property the Board may appear and plead as a party to the suit or proceeding. 

93. Bar to compromise of suits by or against mutawallis.—No suit or proceeding in any court by 
or  against the  mutawalli of  a  1[waqf]  relating  to  title to  1[waqf]  property  or  the rights  of  the  mutawalli 
shall be compromised without the sanction of the Board. 

94. Power to make application to the Tribunal in case of failure of mutawalli to discharge his 
duties.—(1) Where a mutawalli is under an obligation to perform any act which is recognised by Muslim 
law as pious, religious or charitable and the mutawalli fails to perform such act, the Board may apply to 
the Tribunal for an order directing the mutawalli to pay to the Board or to any person authorised by the 
Board in this behalf the amount necessary for the performance of such act. 

(2) Where a mutawalli is under an obligation to discharge any other duties imposed on him under the 
1[waqf] and the mutawalli wilfully fails to discharge such duties, the Board or any person interested in the 
1[waqf] may make an application to the Tribunal and the Tribunal may pass such order thereon as it thinks 
fit. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 48, ibid., for “one month” (w.e.f. 1-11-2013). 
3. Subs. by s. 49, ibid., for “it appears to the Collector before an award is made that any property” (w.e.f. 1-11-2013). 

43 

 
                                                           
95.  Power  of appellate  authority  to  entertain  appeal  after  expiry  of  specified  period.—Where, 
under this Act any period has been specified for the filing of any appeal, the appellate authority may, if it 
is  satisfied  that  the  appellant  was  prevented  by  sufficient  cause  from  preferring  the  appeal  within  the 
period so specified, entertain the appeal after the expiry of the said period. 

CHAPTER IX 

MISCELLANEOUS 

96. Power of Central Government to regulate secular activities of  1[auqaf].—(1) For the purpose 
of regulating the secular activities of  1[auqaf], the Central Government shall have the following powers 
and functions, namely:— 

(a) to lay down general principles and policies of 2[waqf] administration in so far as they relate to 

the secular activities of the 1[auqaf]; 

(b) to co-ordinate the functions of the Central  2[Waqf] Council and the Board, in so far as they 

relate to their secular functions; 

(c)  to  review  administration  of  the  secular  activities  of  1[auqaf]  generally  and  to  suggest 

improvements, if any. 

(2) In exercising its powers and functions under sub-section (1), the Central Government may call for 
any periodic or other reports from any Board and may issue to the Board such directions as it may think 
fit and the Board shall comply with such directions. 

Explanation.—For  the  purposes  of  this  section  “secular  activities”  shall  include  social,  economic, 

educational and other welfare activities. 

97. Directions by State Government.—Subject to any directions issued by the Central Government 
under section 96, the State Government may, from time to time, give to the Board such general or special 
directions  as  the  State  Government  thinks  fit  and  in  the  performance  of  its  functions,  the  Board  shall 
comply with such directions: 

3[Provided that the State Government shall not issue any direction being contrary to any waqf deed or 

any usage; practice or custom of the waqf.] 

98. Annual report by State Government.—As soon as may be after the close of a financial year, the 
State  Government  shall  cause  a  general  annual  report  on  the  working  and  administration  of  the  State 
2[Waqf] Board and the Administration of  1[auqaf] in the State during that year to be prepared and laid 
before  each  House  of  the  State  Legislature  where  it  consists  of  two  Houses,  or  where  such  legislature 
consists of one House, before that House, and every such report shall be in such form and shall contain 
such matters as may be provided by regulations. 

99. Power to supersede Board.—(1) If the State Government is of opinion that the Board is unable 
to perform or has persistently made default in the performance of, the duty imposed on it by or under this 
Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply 
with  any  direction  issued  by  the  Central  Government  under section  96 or  the  State  Government 
under section  97,  or  if  the  State  Government  is  satisfied  on  consideration  of  any  report  submitted  after 
annual inspection, that the Board’s continuance is likely to be injurious to the interests of the  1[auqaf] in 
the State, the State Government  may, by notification in the Official Gazette, supersede the Board for a 
period not exceeding six months: 

Provided that before issuing a notification under this sub-section, the State Government shall give a 
reasonable  time  to  the  Board  to  show  cause  why  it  should  not  be  superseded  and  shall  consider  the 
explanations and objections, if any, of the Board: 

4[Provided further that the power of the State Government under this section shall not be exercised 
unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions 
of this Act.] 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Ins. by s. 50, ibid. (w.e.f. 1-11-2013). 
4. Ins. by s. 51, ibid. (w.e.f. 1-11-2013). 

44 

 
                                                           
(2) Upon the publication of a notification under sub-section (1) superseding the Board,— 

(a) all the members of the Board shall, as from the date of supersession, vacate their offices as 

such members; 

(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or 
performed  by  or  on  behalf  of  the  Board  shall,  during  the  period  of  supersession,  be  exercised  and 
performed by such person or persons as the State Government may direct; and 

(c)  all  properties  vested  in  the  Board  shall,  during  the  period  of  supersession  vest  in  the  State 

Government. 

(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under           

sub-section (1), the State Government may— 

1[(a)  extend  the  period  of  supersession  by  another  six  months  with  reasons  to  be  recorded  in 

writing and, the period of continuous supersession shall not exceed more than a year; or] 

(b) reconstitute the Board in the manner provided in section 14. 

100. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against 
the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under 
this Act in respect of anything which is in good faith done or intended to be done under this Act. 

101. Survey Commissioner, members and officers of the Board, deemed to be public servants.—
(1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every 
other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made 
thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal 
Code (45 of 1860). 

(2) Every mutawalli of a 2[waqf], every member of managing committee, whether constituted by the 
Board  or  under  any  deed of  2[waqf], every  Executive  Officer  and  every  person  holding  any  office in  a 
3[waqf] shall also be deemed to be a public servant within the meaning of section 21 of the Indian Penal 
Code (45 of 1860). 

102.  Special  provision  for  reorganisation  of  certain  Boards.—(1)  Where  on  account  of  the 
reorganisation of States under any law providing reorganisation of States, the whole or any part of a State 
in respect of which a Board was, immediately before the day of such reorganisation, functioning has been 
transferred on that day to another State and by reason of such transfer, it appears to the Government of a 
State in any part of which the Board is functioning that the Board should be dissolved or that it should be 
reconstituted as an Intra-State Board for the whole or any part of  that State, the State Government may 
frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of 
the assets, rights and liabilities of the Board to any other Board or State Government and the transfer or 
re-employment of employees of the Board and forward the scheme to the Central Government. 

(2) On receipt of a scheme forwarded to it under sub-section (1), the Central Government may, 3[after 
consulting  the  Council  and  the  State  Governments]  concerned,  approve  the  scheme  with  or  without 
modifications and give effect to the scheme so approved by making such order as it thinks fit. 

(3) An order under sub-section (2) may provide for all or any of the following matters, namely:— 

(a) the dissolution of the Board; 

(b) the reconstitution in any manner whatsoever of the Board including the establishment, where 

necessary, of a new Board; 

(c) the area in respect of which the reconstituted Board or new Board shall function and operate; 

(d) the transfer, in whole or in part, of the assets, rights and liabilities of  the Board (including the 
rights and liabilities under any contract made by it) to any other Board or State Government and the 
terms and conditions of such transfer; 

1. Subs. by Act 27 of 2013, s. 51, for clause (a) (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
3. Subs. by s. 52, ibid., for “after consulting the State Governments” (w.e.f. 1-11-2013). 

45 

 
                                                           
(e) the substitution of any such transferee, for the Board, or the addition of any such transferee, as 
a  party  to  any  legal  proceeding  to  which  the  Board  is  a  party;  and  the  transfer  of  any  proceeding 
pending before the Board to any such transferee; 

(f) the transfer or re-employment of any employee of the Board to or by, any such transferee and 
subject to the provisions of law providing for the reorganisation of the concerned State, the terms and 
conditions of service applicable to such employees after such transfer or re-employment; and 

(g) such incidental, consequential and supplemental matters as may be necessary to give effect to 

the approved scheme. 

(4)  Where  an  order  is  made  under  this  section  transferring  the  assets,  rights  and  liabilities  of  the 
Board, then, by virtue of that order, such assets, rights and liabilities of the Board shall vest in, and be the 
assets, rights and liabilities of, the transferee. 

(5) Every order made under this section shall be published in the Official Gazette. 

(6) Every order made under this section shall be laid before each House of Parliament, as soon as may 

be, after it is made. 

103. Special provision for establishment of Board for part of a State.—(1) Where on account of 
the territorial changes brought about by any law providing for the reorganisation of any State, this Act is 
as from the date on which that law comes into force applicable only to any part or parts of a State but has 
not been brought into force in the remaining part thereof, then notwithstanding anything contained in this 
Act, it shall be lawful for the Government of the State to establish one or more Boards for such part or 
parts  in  which  this  Act  is  in  force  and  in  such  a  case  any  reference  in  this  Act  to  the  word  “State”  in 
relation  of  a  Board  shall  be  construed  as  a  reference  to  that  part  of  the  State  for  which  the  Board  is 
established. 

(2) Where any such Board has been established and it appears to the Government of the State, that a 
Board should be established for the whole of the State, the State Government may, by order notified in the 
Official  Gazette  dissolve  the  Board  established  for  the  part  of  the  State  or  reconstitute  and  reorganise, 
such  Board  or  establish  a  new  Board  for  the  whole  of  the  State  and  thereupon,  the  assets,  rights  and 
liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of  the 
reconstituted Board or the new Board, as the case may be. 

104.  Application  of  Act  to  properties  given  or  donated  by  persons  not  professing  Islam  for 
support  of  certain  1[waqf].—Notwithstanding  anything  contained  in  this  Act  where  any  movable  or 
immovable property has been given or donated by any person not professing Islam for the support of a 
1[waqf] being— 

(a) a mosque, idgah, imambara, dargah, khangah or a maqbara; 

(b) a Muslim graveyard; 

(c) a choultry or a musafirkhana, 

then such property shall be deemed to be comprised in that 1[waqf] and be dealt in the same manner as the 
1[waqf] in which it is so comprised. 

2[104A.  Prohibition 

of 

sale, 

gift, 

exchange,  mortgage 

or 

transfer 

of  waqf                       

property.—(1)  Notwithstanding  anything  contained  in  this  Act  or  any  other  law  for  the  time  being  in 
force  or  any  waqf  deed,  no  person  shall  sell,  gift,  exchange,  mortgage  or  transfer  any  movable  or 
immovable property which is a waqf property to any other person. 

(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be 

void ab initio.] 

3[104B. Restoration of waqf properties in occupation of Government agencies to waqf Board.—
(1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board 
or the mutawalli within a period of six months from the date of the order of the Tribunal. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Ins. by s. 53, ibid. (w.e.f. 1-11-2013). 
3. Ins. by s. 54, ibid. (w.e.f. 1-11-2013). 

46 

 
                                                           
(2) The Government agency may, if the property is required for a public purpose, make an application 
for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing 
market value.] 

105.  Power  of  Board  and  Chief  Executive  Officer  to  require  copies  of  documents,  etc.,  to  be 
furnished.—Notwithstanding anything contained in any law for the time being in force, it shall be lawful 
for  the  Board  or  the  Chief  Executive  Officer  to  require  any  person  having  the  custody  of  any  record, 
register,  report  or  other  document  relating  to  a  1[waqf]  or  any  immovable  property,  which  is  1[waqf] 
property,  to  furnish,  subject  to  the  payment  of  necessary  costs,  copies  of,  or  extracts  from,  any  such 
record, register, report or document and every person to whom such a requisition is made, shall furnish, as 
soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required 
record, register, report or other document. 

106.  Powers  of  Central  Government  to  constitute  common  Boards.—(1)  Where  the  Central 

Government is satisfied that by reasons of— 

(i) the smallness of the Muslim population in two or more States, 
(ii) the slender resources of the 2[Auqaf] in such States, and 
(iii) the disproportion between the number and income of the 2[auqaf] and the Muslim population 

in such States, 

it is expedient in the interests of the  2[auqaf] in the States and the Muslim population of such States, to 
have,  instead  of  separate Boards for  each  of such  States,  a  common  Board,  it may,  3[after  consultation 
with the  Council and the Government] of each of the concerned States, establish, by notification in the 
Official  Gazette,  a  common  Board  for  such  States  as  it  may  deem  fit,  and  may,  by  the  same  or  any 
subsequent  notification  specify  the  place  at  which  the  principal  office  of  such  common  Board  shall  be 
located. 

(2) Every common Board established under sub-section (1) shall, as far as practicable, consist of the 

persons specified in sub-section (1) or, as the case may be, sub-section (7) of section 14. 

(3) Whenever any common Board is established under sub-section (1)— 

(a) all powers vested in the State Government under any deed of 1[waqf] or any provision of law 
for the time being in force relating to  2[auqaf], shall stand transferred to, and vested in, the Central 
Government and, thereupon, references in such deed of 1[waqf] or law to the State Governments shall 
be construed as references to the Central Government: 

Provided  that  while  establishing  a  common  Board  for  two  or  more  States,  the  Central 
Government shall ensure, that at least one representative of each of the concerned States is included 
as a member of the Board; 

(b) references in this Act to a State shall be construed as references to each of the States for which 

the common Board has been established; 

(c) the Central Government may, without prejudice to any rule applicable to a Board in a State, 
may, by notification in the Official Gazette, rules regulating the conduct of business by, and affairs 
of, the common Board. 

(4)  The  common  Board  shall  be  a  body  corporate,  with  objects  not  confined  to  one  State,  having 
perpetual succession and a common seal with power to acquire and hold property and to transfer any such 
property, subject to such conditions and restrictions as may be specified by the Central Government, and 
shall by the said name sue or be sued. 

107.  Act  36  of  1963  not  to  apply  for  recovery  of  1[waqf]  properties.—Nothing  contained  in  the 
Limitation  Act,  1963  shall  apply  to  any  suit  for  possession  of  immovable  property  comprised  in  any 
1[waqf] or for possession of any interest  in such property. 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
3. Subs. by s. 55, ibid., for “after consultation with the Government” (w.e.f. 1-11-2013). 

47 

 
                                                           
108. Special provision as to evacuee  1[waqf] properties.—The provisions of this Act shall apply, 
and shall be deemed always to have applied, in relation to any evacuee property within the meaning of    
clause  (f)  of  section  2  of  the  Administration  of  Evacuee  Property  Act,  1950  (31  of  1950)  which 
immediately before it became such evacuee property within the said meaning was property comprised in 
any  1[waqf]  and,  in  particular  any  entrustment  (whether  by  transfer  of  any  documents  or  in  any  other 
manner and whether generally or for specified purpose) of any such property to a Board made before the 
commencement of this Act in pursuance of the instructions of the Custodian under the Administration of 
Evacuee  Property  Act,  1950  shall  have,  and  shall  be  deemed  always  to  have  had,  notwithstanding 
anything contained in any other provision of this Act, effect as if such entrustment had operated to— 

(a) vest such property in such Board in the same manner and with the same effect as in a trustee 
of such property for the purposes of sub-section (1) of  section 11 of the Administration of Evacuee of 
Property Act, 1950 (31 of 1950), with effect from the date of such entrustment, and 

(b) authorise such Board to assume direct management of the  1[waqf] concerned for so long as it 

might deem necessary. 
2[108A.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  overriding  effect 
notwithstanding anything inconsistent therewith contained in any other law for the time being in force or 
in any instrument having effect by virtue of any law other than this Act.] 

109. Power to make rules.—(1) The State Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act, other than those of Chapter III. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 

provide for all or any of the following matters, namely:— 

3[(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under 

clause (i) of section 3; 

(ia) other particulars which the report of the Survey Commissioner may contain under clause (f) 

of sub-section (3) of section 4;] 

(ii) any other matter under clause (f) of sub-section (4) of section 4; 
(iii)  the  particulars  which  a  list  of  4[Auqaf]  published  under  sub-section  (2) of  section  5,  may 

contain; 

(iv)  the  manner  of  election  of  members  of  the  Board  by  means  of  a  single  transferable  vote, 

5[under sub-section (1) of ] sub-section (2) of section 14; 

(v)  the  terms  and  conditions  of  service  of  the  Chief  Executive  Officer under  sub-section  (2)  of 

section 23; 

(vi)  the  conditions  and  restrictions  subject  to  which  the  Chief  Executive  Officer  or  any  other 

officer may inspect any public office, records or registers under section 29; 

6[(via) the period within which the mutawalli or any other person may produce documents related 

to waqf properties under sub-section (2) of section 31; 

(vib)  the  conditions  under  which  an  agency  of  the  Government  or  any  other  organisation  may 

supply copies of records, registers and other documents under sub-section (3) of section 31;] 

(vii) the conditions subject to which an Executive Officer and supporting staff may be appointed 

under sub-section (1) of section 38; 

(viii)  the  manner  in  which  an  inquiry  may  be  held  by  the  Chief  Executive  Officer  under           

sub-section (1) of section 39; 

1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1-11-2013). 
2. Ins. by s. 56, ibid. (w.e.f. 1-11-2013). 
3. Subs. by s. 57, ibid., for clause (i) (w.e.f. 1-11-2013). 
4. Subs. by s. 4, ibid., for “wakfs” (w.e.f. 1-11-2013). 
5. Subs. by s. 57, ibid., for “under” (w.e.f. 1-11-2013). 
6. Ins. by s. 57, ibid. (w.e.f. 1-11-2013). 

48 

 
                                                           
(ix) the form in which, and the time within which, a separate budget for 1[Auqaf] under the direct 

management of the Board shall be prepared under sub-section (1) of section 45; 

(x) the interval at which accounts of  1[Auqaf] may be audited in pursuance of the provisions of 

sub-section (1) of section 47; 

2* 
(xii)  the  guidance  subject  to  which  the  Collector  shall  recover  the  property  transferred  in 

* 

* 

* 

* 

contravention of the provisions of this Act, under section 52; 

(xiii) the manner of service of notice issued under sub-section (1) of section 54 and the manner in 

which any inquiry is to be made under sub-section (3) of that section; 

(xiv) the manner in which any inquiry may be held under section 64 or section 71; 

(xv)  the  other  matters  which  may  be  specified  in  the  report  submitted  under sub-section (3)  of 

section 65; 

(xvi) the manner of publication of order made under sub-section (2) of section 67; 

(xvii)  the  manner  in  which  consultation  may  be  made  with  mutawalli  under  sub-section  (1)  of 

section 69; 

(xviii) the manner of publication of order made under sub-section (3) of section 69; 

(xix) the rate at which contribution is to be made by a mutawalli under section 72; 
(xx) the payment of moneys into the 3[Waqf] Fund, the investment, the custody and disbursement 

of such moneys under section 77; 

(xxi) the form in which, and the time within which, the budget of the Board may be prepared and 

submitted under section 78; 

(xxii)  the  time  within  which  application  is  to  be  made  to  the  Tribunal under sub-section  (2)  of 

section 83; 

4[(xxiia) the terms and conditions of appointment including the salaries and allowances payable to 
the  Chairman  and  other  members  other  than  persons  appointed  as  ex  officio  members  under           
sub-section (4A) of section 83;] 

(xxiii) the procedure which the Tribunal shall follow under sub-section (6) of section 83; 

(xxiv) the form in which the annual report is to be submitted and the matters which such report 

shall contain under section 98; and 

(xxv) any other matter which is required to be, or may be, prescribed. 

110. Powers to make regulations by the Board.—(1) The Board may, with previous sanction of the 
State  Government,  make  regulations  not  inconsistent  with  this  Act  or  the  rules  made  thereunder,  for 
carrying out its functions under this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  regulations 

may provide for all or any of the following matters, namely— 

(a) the time and places of the meetings of the Board under sub-section (1) of section 17; 

(b) the procedure and conduct of business at the meetings of the Board; 

(c)  the  constitution  and  functions  of  the  committees  and  the  Board  and  the  procedure  for 

transaction of business at the meetings of such committees; 

(d) the allowances or fees to be paid to the Chairperson or members of the Board or members of 

committees; 

(e)  the  terms  and  conditions  of  service  of  the  officers  and  other  employees  of  the  Board 

under sub-section (2) of section 24; 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 
2. Cl. (xi) omitted by s. 57, ibid. (w.e.f. 1-11-2013). 
3. Subs. by s. 4, ibid., for “wakf” (w.e.f. 1-11-2013). 
4. Ins. by s. 57, ibid. (w.e.f. 1-11-2013). 

49 

 
 
 
 
 
 
 
 
 
                                                           
(f) the forms of application for registration of 1[Auqaf] further particulars to be contained therein 

and the manner and place of registration of 1[Auqaf] under sub-section (3) of section 36; 
(g) further particulars to be contained in the register of 1[Auqaf] under Section 37; 
(h) the form in which, and the time within which, the budgets of  1[Auqaf] may be prepared and 

submitted by the Mutawalli and approved by the Board under sub-section (1) of section 44; 

(i) the books of accounts and other books to be maintained by the Board under section 79; 

(j) fees payable for inspection of proceedings and records of the Board or for issue of copies of 

the same; 

(k) persons by whom any order or decision of the Board may be authenticated; and 

(l) any other matter which has to be, or may be, provided by regulations. 

(3) All regulations made under this section shall be published in the Official Gazette and shall have 

effect from the date of such publication. 

111.  Laying  of  rules  and  regulations  before  State  Legislature.—Every  rule  made  under section 
109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before 
the State Legislature. 

112.  Repeal  and  savings.—(1) The  Wakf Act, 1954  (29  of  1954)  and  the  Wakf  (Amendment)               

Act, 1984 (69 of 1984) are hereby repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  said  Acts  shall  be 

deemed to have been done or taken under the corresponding provisions of this Act. 

(3) If, immediately before the commencement of this Act, in any State, there is in force in that State, 

any law which corresponds to this Act that corresponding law shall stand repealed: 

Provided  that  such  repeal  shall  not  affect  the  previous  operation  of  that  corresponding  law,  and 
subject thereto, anything done or any action taken in the exercise of any power conferred by or under the 
corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by 
or  under  this  Act  as  if this  Act  was in force on the day  on  which  such things  were  done or action  was 
taken. 

113. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove 
the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  the  period  of  two  years  from  the 

commencement of this Act. 

(2) However, order made under this section shall be laid, as soon as may be after it is made, before 

each House of Parliament. 

1. Subs. by Act 27 of 2013, s. 4, for “wakfs” (w.e.f. 1-11-2013). 

50 

 
  
 
                                                           
